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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
Hi
I am looking for the law in the state of Florida , like
in N Y and MA saying that an assignment with retroactive
effect is a nullity thank for your help

Manolo
Quote 0 0
    The Florida Rules of Civil Procedure will give you the answer, especially
rules 1.130 and 1.210 which cover the issue of standing to file suit.
    It's really a matter of logic. A party must own the cause of action to have
standing to file suit. If not, it can get dismissed without prejudice.
    If (B) files suit before owning the Note/mortgage, than it had no standing to file suit in the first place, so you do a Motion to dismiss on the ground of lack of standing. If you let the mistake slide, ie don't protest, than the Judge can let it slide also because in Florida, it is permissive rather than mandatory
(get a copy of Trawick's Practice and precedure for Florida)
     Where they often screw up, is with the Lost Note Affidavit. For example
(A) loses the Note AFTER assigning it to (B)! Thats like saying, I assigned the 100 dollar Fed Note to my wife yesterday, and then I lost it today. Believe it or not, I have seen this alot in the pleadings. It happened in a case I was involved in with US Bank Trustee, where Ocwen was the servicer and New Century was the original lender.
Quote 0 0
   I forgot to mention another scenario I often see, where (A) loses the Note
and then later assigns it (the lost note) to (B). How can A assign something
it no longer has, without first reestablishing it?
   It's like saying, I lost a $100 Fed Note, (but I made a photo copy of it before I lost it) and now I'm assigning it to my friend to whom I owe $100.
MY friend goes down to Bank of Whatever, and tries to deposit the photo
copy of the $100 bill. What do you think would happen?
    This is exactly what the "pretender lenders" are asking the Courts to do,
namely the "pretender lender" presents you with a photo copy of the original
Note demanding payment. You demand to see the original blue ink copy of
the Note. The pretender lender says no and asks the Judge to force you to
redeem the photo copy, with either cash or by signing over your property.
    Obviously, this can not be lawfully enforced. Any Judge who allows it
is violating his oath of office.
Quote 0 0
NICE WAY TO PUT IT MIKE.TO BAD THE COURTS CANT  UNDERSTAND YOUR STRANGE NATIVE TOUNGE
Quote 0 0
Sara
Yeah, it's too bad that the courts are allowing this to happen too.

S
Quote 0 0
Write a reply...