Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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Our loan with Ocwen is in foreclosure status. My husband was injured on a jobsite in June and has been in and out of the hosp and unable to work or drive and we got behind.

We received a debt collection letter from a foreclosure attorney saying that we have 30 days to dispute the debt. I want to send a letter, but I am not sure how to do it.  I know that our mortage has been sold but an assignment was never recorded. I know that it is part of a mortgage asset backed security and the trustee is US Bank. Can I insist that they tell me who owns the note and prove that they have the right to foreclose? What other info should I ask them to provide? 

I am not trying to get out of my mortgage, but we are waiting for my husband to get disability payments and that can be a very long process in Ohio. I need to buy some time and frankly from what I am hearing, they may not even have the right to foreclose.

If anyone has a sample letter, that would be helpful. Thanks for your help!     
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PB
Search the net on "Produce the Note" videos and articles. Study them, there are links to letters on them you can draft, fill in your info, then send certified mail to the collector.

NEVER ever trust them, keep records of everything, always send certified mail. Do not accept a copy or copies - demand in your letter to be able to inspect and copy the original note. Look closely that your signature is not forged.

PB
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Thanks PB!  I will definitely do that. I was looking on the web for debt dispute letters and was mainly coming up with credit card disputes, nothing on mortgages.  Hopefully making them get their ducks in a row will give me more time and who knows may they don't even have it. Take Care and Good Luck to everyone here.  

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O -
Lot's of good stuff here. Law Library Thanks to msfraud.




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O -

NOTICE: You MUST provide

                       ORIGINAL  NOTE

 

Produce The Note “How-To”

   

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Thank you so much. These links have some really helpful info. I will definitely be studying this. I have one more question.

Can I ask them to prove the assignment was recorded and if they can't, does it matter. I know it's still in the original lenders name at our county recorder, but they are telling me that it was assigned. 

Thanks for all your help!  
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homeowner wrote:
Thank you so much. These links have some really helpful info. I will definitely be studying this. I have one more question.

Can I ask them to prove the assignment was recorded and if they can't, does it matter. I know it's still in the original lenders name at our county recorder, but they are telling me that it was assigned. 

Thanks for all your help!  

Don't tell them what you know. They will simply record an assignment. 

A dispute letter does not have to be fancy. You will not find a distinction in dispute letters as they are all the same...whether a credit card or a mortgage...does not matter. Simply dispute/deny the fact that you owe XYZ Mort Co. the dollar amount shown in their demand letter.

If they have not provided the name of the creditor they are obligated to do so when you ask for it in your dispute letter.

If they are naming the creditor to be the unassigned party then you are not fibbing when you make the statement above in your dispute.

Disputes are pretty much denials. Once they receive your "denial" of the debt to the named creditor they have 30 days to "validate" the debt in writing. If a verification of the debt is not received by you in the specified amount of time outlined by the FDCPA they can not proceed with the next step of collections.

Make sure when you send the dispute you request a delivery confirmation and require a signature. If you send it regular mail they will say they did not receive it. You will need proof they received in the time frame stated in their letter.

You can also fax it but make sure you print a fax confirmation.

A collection letter from an attorney is not the same as a notice of default.

Most notes require a notice of default and a right to cure default letter be sent the borrower prior to any accelleration of the loan. Have you ever received this from the lender?

You have the FDCPA on your side...many victims do not. It is a powerful weapon when used correctly and diligently.

Email me if you like.

Here is a sample letter from a site I know about...alter it to your own situation if necessary.

This is a letter to dispute a debt with a collection agency or credit bureau. Send as certified mail, return receipt requested.

«Your Name»
«Address1»
«Address2»
«City», «State» «Zip»

«Company»
«Address1»
«Address2»
«City», «State» «Zip»

«Date»

Dear Sir/Madame:

I am writing in response to your letter dated <insert date> [copy enclosed]. This is the first letter I have received from you on this matter.

I do not believe that I owe what you claim I owe, and I request that you please do the following:
  1. Tell me what this money that you say I owe is for.
  2. Show me how you calculated what you say I owe.
  3. Give me copies of any papers that show I agreed to pay what you say I owe.
  4. Show me that you are licensed in my state, and give me your license number.
  5. Stop contacting me about this or any other matter you have, except to provide me with proof that I owe what you say I owe.
I demand that you also send a copy of this dispute to the company that you say I owe money to, so that they do not report this on my credit report.

I further demand that if you have reported me to a credit reporting company, you tell them that I do not agree with this debt.

Sincerely,

«Signature»
«Your Name»
«Your SSN»
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That's some great info. I already found a sample letter that was almost identical to what you wrote. I edited it for my purposes. I did ask that they prove the assigment was recorded because I have a dated printout from the recorders office proving that they don't, at least not in my county. I have sent it by certified return receipt mail.

I did receive a notice of default about two months ago, but nothing else after that except this thirty day letter from the attorney.

Thanks again to everyone on here. I learn a lot from other posts as well. I hope that you all get some justice soon.
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Moose
An important question - can you afford to pay for the house you're in? At some point in the future, no matter how or what they fail to do in terms of following the law, a judge is going to look at you and them and come to a decision. They can get a second chance to come back with evidence - forged or not. They're a corporation so they get the benefit of the doubt almost every time.

In other words, no matter how compelling your story is, you got a house and somebody gave you a loan to get it. They can and will play fast and loose with the truth about the loan and the details of it but even today in the more enlightened courtrooms in some states, judges will fall back on whether or not you have the financial resources to stay there. EVERYTHING you admit about your situation can come back to haunt you. Don't tell them anything!

And even when people have brought in valid TILA claims judges have required them to post bonds or show they have qualified for a new replacement loan. If you can't, no attorney will take your case.

The "show us the note" maneuver WILL WORK - for a while AND when the predatory servicer and their counsel concoct a dubious chain of ownership. But it may not work if the borrower victim is actually behind because they had some financial hardship. In those cases, it's only a matter of time. They love it when people paint the picture for them.

Unless and until manufactured defaults are something that are so illegal that it costs executives their freedom, we have to play on offense and not let a servicer get ahead. That means having an aggressive attorney with a track record against them ready and that means having a few thousand dollars sitting there ready to use, just like your escrow.  Whatever it takes - IF YOU'RE DEALING WITH A PREDATOR you need a weapon.

Moose


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Thank you Moose.  I appreciate your insight. I am not trying to get out of my mortgage and the only thing that I really need is time. My husband has been in and out of the hospital, but when his disability kicks in, there should be no problem.  Attorneys drag cases out for their benefit. I really just need to buy a little more time.  We have lived here for fourteen years and I intend to stay and pay it off.  Thanks again! 

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Ohio
If this has not gone into foreclosure yet then I suggest you do anything and everything to get the arrears paid NOW.

Once the foreclosure is filed you will find it's a new ballgame with new rules and fierier hoops to jump through. The nightmare will truly begin. Don't be surprised to see the arrearage balance mushroom into an amount 5 times what it is now.

You will find yourself having to agree to a predatory modification that will eliminate 100% of your equity and undoubtedly increase your payment a few hundred dollars a month. The interest they lost from each month a payment was not made will be capitalized and added to the principal balance. Attorney fees and every other fee they can throw in there will also get tacked on. It will not be a matter of simply resuming your payments once you get caught up.

That is IF they agree you qualify for a modification.

Pay anything you can. If it gets sent back keep that as proof at least that you tried.

Moose is so right. Once a Judge gets involved he/she really does not have to determine anything beyond whether the loan is in default. He/she will leave it up to the appealate court to sort through. It happens all the time.

Be very careful of what you do from here on out.
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Great Info
Mortgage Short Sales and Modifications: Make certain you get a new title insurance policy without exceptions for the securitization process or you could be facing the same situation with a different party — the one who REALLY owns your note and mortgage

http://livinglies.wordpress.com/tag/securitization/
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4 justice now
Homeowner:

Did you receive the typical Ocwen fabricated notice of default letter printed on the Moss Codilis, Stawiarski letter head. They have their own (Ocwen) staff print out a standard form letter indicating that your payment history etc has been reviewed by a qualified legal representative i.e. an Attorney.
 
But the truth is that an Attorney hasn't come within miles of your documents. They simply claim this in order to charge you a $95.00 legal notification fee. That's the only reason that they use the Attorney's letterhead, which by-the-way is illegal. I know it was reported at one point they were clearing $6,000,000.00 a month from these scam letters alone.
 
Of course, they have been told several times to curtail this type of behavior/practice, They've even been directed by the courts to stop but yet they continue as if they are totally exempt from any and all laws. Actually, in many ways they are thanks to our out going Presidente Bush corrupto.
 
To say the least... Ocwen cannot be trusted in any manner at all. Their criminal CEO an VP are about as honest as the likes of Roland and the Littons, and should without any question at all be in prison for life.
 
My Opinion.
 
R,
 
4J
 
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