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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Ruppert v. RBC Centura Bank (Fla. 3rd. DCA 2013)
We reverse the partial summary judgment of foreclosure of an equitable lien. On remand, we direct the trial court to first resolve the issues raised by the Rupperts in their affirmative defenses before entering judgment.


Moral of the Story: Affirmative defenses must be resolved before plaintiff can get summary judgment.
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