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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TheEquitableOne
http://www.msfraud.org/law/lounge/roper-v-citimortgage_texas-failure_11-13.pdf


Perhaps this will be taken to the next rung up.
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bwssr
Wow I never expected this. I know this was an uphill battle and that he had a somewhat hostile judge. Sad to hear this. I wish the best for Mr. Roper and his family.
They get a bailout and we get the boot.
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Mike H

      Roper made the fundamental mistake pointed out by Neil Garfield, he tried to win by attacking

the "paper trail" instead of focusing on the "money trail".

      Most likely, the entity named on the Note (paper trail) never loaned his brother a dime. The
true lender (source of the funds) chose to remain hidden. Had he done discovery to locate the
true source of the funds (wire transfers, cancelled checks etc.) he probably would have discovered
that "Milestone" never lent anything but its name for the loan docs. 

       The true source of the funding did not want its name on the loan docs because it was planning
to sell the Note multiple times on the secondary market while having MERS hold the Deed of Trust
to bamboozle the investors into thinking MERS was holding the Deed of Trust  for each  defrauded
Note holder. THIS IS THE ESSENCE OF THE MERS ENGINEERED PONZI SCHEME.

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George Burns
Garfield cannot and has not been able to provide even  1 win using that approach.
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bankbuster
I was wondering when somebody was going to bring up that fact...Neil should put his case law where his mouth is. Don't get me wrong, I think he has some helpful articles on his site, but watching what I believe is a slowing down of the general public's concern toward the banks wrong doings, we that are in the fray need to establish case law to fight the banks, judges and politicians ...
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Sharon
George Burns wrote:
Garfield cannot and has not been able to provide even  1 win using that approach.



I think many confuse the law and winning in court with the truth.  Perhaps Mr. Garfield isn't successful because judges are in the dark as to what is going on.  Me I don't know the law but I was in accounting, including auditing for many years.  Transactionally I can tell you what happened (given a complete paper trail) and the fraud committed but don't know how to present it in court.  And many times you're not given the opportunity to present it in court.  Neil Garfield is a cut above most lawyers as he is a CPA too.  And he explains things the way I understand them.  But most lawyers don't have his background. If you can do a better job explaining it my hat is off to you. 

My job for over 20 years was to take complex, convoluted financial processes and explain them to people that didn't have a finance background.  Rarely was this easy and it required many hours of prep.  Sometimes I would have to do it in pieces as the audience wouldn't grasp it in one sitting.  Even the VP I worked under didn't understand a process for quite some time and it was important for her to understand what I was saying.  Finally after many attempts she realized what I was trying to convey.  It took her literally 2 minutes to be on the phone to several senior managers and some of it wasn't pretty but she had to know, otherwise my ass was on the line. 

My point is why don't you try and understand Mr. Garfield instead of smearing him.  You might learn something.  He is a CPA which is my background but he is a lawyer too.  So it is with you that I have a problem and others like you.  I understand his posts and believe he adds value even if you don't. 
__________________
Sharon
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bankbuster
Sharon,
      
I didn't take George's statement as a smear. When looking at this whole foreclosure fraud debacle, what we've learned is that you can have a boat load of common sense theory's, actual law, and case law that should have leveled the banking system by now. Do we know that securitization via MERS is wrong, and you can't sell or assign what you don't own??? Hell yes we do! Do we see the obvious fraud and forgery that the banks have the luxury of presenting to the court with nearly 100 percent impunity? Hell yes we do! Are we aware that case law that has the potential to help people like the Schwartwald, Glaski, and Harpster cases, as well as established procedural laws, that are run over by judges, and politicians on a daily basis? Unless you're severely brain dead, you betcha! That being said, if Neil has theory that's worked in a court of law, (I'm in doubt) then he needs to come forward and show those of us that are fighting to keep everything we've ever worked for. If he's holding and not showing, he's as morally bankrupt as the banks themselves..... Where's the public outrage???  


Just a little side note about another of Neil's theory's that the average person could shoot holes in, even before this scathing revelation in good ol boy Kentucky....YEEEHAW!!!

http://www.msfraud.org/law/lounge/busted-exparte_motion-to-recuse-judge_deutschebank-v-augenstein_12-13.pdf

 "I have not found a judge who has it in for borrowers. All Judges harbor perceptions and opinions, but I have found universally that the Judges understand they are there to call balls and strikes and not to determine the outcome of the case until it is really over."    Hey, Neil....We found "one" for you!!! :-)
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texas
to bankbuster

Not easy to quantify.

Neil Garfield has no duty to explain what is already written.

Not that I am a supporter of Neil, but the fact remains one needs to not only show the crime but one needs to explain "how" the crime was committed.

Who, What, When, Where has in opinion been written but "How" appears to have remained elusive to the masses.
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George Burns
Texas

What do you mean "Neil Garfield has no duty to explain what is already written"? Written where?

I cannot find where he has ever filed his explanation in any court or presented to any judge. Have you ever see him cite a case?

In fact, Do you know of any recent mortgage elated case in which he has even filed an appearance?

I cannot think of a way of presenting your point of view on the law without filing something in a case.
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George Burns
Sharon

I quite understand Garfield's theories but like all other theories they have to be proven.

He has never given the money trail of an actual mortgage, as far as I can see, nor has he presented an actual money trail in a court case. Do you know of any?

Do you know of any recent mortgage related case, in which he has filed an appearance or anything?

Being a lawyer does not mean that you know or are conversant with every aspect of law and every area of practice.

The same applies to  CPA. Not every CPA is adept at finance or forensic accounting. 

A credential is not an indicator of knowledge or competence.
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bankbuster

Texas,

If you want to split hairs, you're right, Neil has no legal obligation. On the other hand, if common sense were to dictate, Neil's site and the "selling" of his various workshops, would lead many of the less informed to construe a life line that has not been shown to actually work. It's my belief that he is playing "The Pied Piper" with the desperate masses that do the worst thing they can do, throw money they don't have on hope that he can help. It's like the desperate folks out there that buy HOPE from the pill ads that will make your head hairier, boobs bigger, butt firmer, and penis larger!!! All hope and no fact makes Neil a rich boy!!! Unless he can put up, he should shut up, or give us that are fighting for our lives something we can legally grasp.........Where's the outrage?? 

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texas
bankbuster

Like I said I do not support Garfield, but there is a big but in play (pun intended). My research has revealed that few outside of those who created the mechanism currently in play understands it's internal workings. As I have not purchased a pied piper Garfield workshop means and methods I cannot comment on what he sells much less to who. One thing understood is where there is one who somewhat gets close or to the truth usually settles with a non-disclosure. Personally, I have no issue with any party choosing to make a dollar off selling years of investment in wisdom and knowledge to compensate for time and money spent, however there are a few that place no price on wisdom and knowledge. Example would be take a trip to http://www.scribd.com/alviec and begin to understand the Who, What, When, Where and How has still not been written for the layperson, but in time with God's speed such How shall be written, at least for Texas, the other states would be similar in nature. Desperate times call for desperate means and methods. Agreed that the mean's are pretty well understood and applied but where the method's lack, there is a lacking.

First thing that people have to learn is that emotion can get in the way of fighting a emotionless machine.
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Texas Special
They won't provide the money trail explain how you know they use wire transfer control numbers to transfer the money for the pools they purchase they have to have records somewhere of who what where when and how! Well at least I used to think so till I faced them removing court records.. As my own attorney is an obstructionist at best criminally corrupt as the rest! He refused to file an adversary in my behalf.. So I did my own and put his in with it..The HANDS OF THE ILLUMINATI removed itrom the court record POOF! This happened in a chp 13 court here in the Eastern District of Missouri..They also removed some of the docs out of my adversary.  I was unhappy so I sued the Fed Sr Dist Ct Bk Judge here..They removed a page out of this filing as well. I was Denied a Temporary Restraining Order, so I motioned to vacate the judges order. Instead of taking less than 10 days she took 60 and Summarily Denied everything as Frivolous(That I did with the intent to harass the court) Then 60 days later that same judge sua ponte recused and disqualified. The next Judge disqualified as well. If you want to know the Judge who had control to stop the whole crisis you would need to look at http://www.freerepublic.com/focus/f-news/723334/posts 

As a citizen I was raised by people who always encouraged me to be all that I could be. But no one could of prepared for so many liars in life. Especially, the people I always looked up to who quote "Have a Degree" at this stage its like what is it a degree to steal? But who do you tell when so many have "No Clue" or are just Obstructionists to the core! There is not many reasonable people among them. Americans could of been made whole the banks would also be out of their jam. They don't want resolve they wish to TERRORIZE us over things we have nothing to do with!


I'm not for war by any means. But I hope one day I have such a good write up to make my children proud of me! [smile]  

http://www.archive.org/stream/twentiethcenturyv1padd#page/n565/mode/2up

I finally got someone to help to some degree with my identity fraud case endorsed by the gov..
The ring of corruption running this country will all be off for the holidays by what this Friday? 

Hey Texas I've found mention of two different quarries providing the stone there in Austin for the Capital. Do you know which one did it? Might be off base but I know u are knowledgeable [smile]

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texas
In reference to http://www.tspb.state.tx.us/SPB/Gallery/MonuList/10lg.htm  What's wrong with this picture of the Ten Commandments?
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Kohler
Did Mr. Roper appeal this decision to the Texas Supreme Court?
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texas
The Roper case is still in a state of adjudication.
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Kohler
Do you help Mr. Roper with this Tex.?  Is he going to win apeel (Mr. Roper)?
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texas
William Roper Jr. is a very intelligent person in his own right.
When people mispell wording, "caution" is employed.
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Kohler
Quote:
When people mispell wording, "caution" is employed.


I am vary sorry Texas!!!  I will spell out your name full from now one!
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copperhead57
A case going on in the Northern District of Georgia Bankruptcy Court,  Two different entities claimed to have the loan, plus a bad assignment, and the judge will not allow discovery.
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texas
Either you know before discovery or you do not, discovery only supports what is known.
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fight for your rights

Is there anything Roper can do to still fight it at this point?

We went to SJ hearing 2 weeks ago, and are still trying to decide if we want to appeal, or if we want to just be done.

The judge slobbered all over the banks attorney, it really was a pathetic sight to see. Even with a properly pleaded case, I know the Judge thought we were some crazy conspiracy theorists. This guy just doesn't have a clue as to the corruption we all know exists.

How do you fight that in a State that does not see many foreclosure cases being contested? The judge looked at everything and basically said to the big bank....sure you own it. You brought the suit, didn't you? You took payments, right? You have a copy of a note and a copy of a mortgage in your file. You have a sworn affidavit of the vice president of loan documentation. Well, by golly, that's enough proof for me. 

Seeing Roper lose appeal really makes me wonder if I am fighting a losing battle. Not because we are not right, but because justice does not want to see what is in front of their face. 

So, everybody, let me ask those who have done it. Just how much work does it take to appeal? Are there good examples I can look at that anybody can send me? I would like to work up the anger and energy I need to go another round, but right now feel a little hopeless. It was a crushing defeat for us at SJ. I would love to see that arrogant and ignorant judge overturned. =) Now that thought gets my juices going again!

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texas
28 Hours a day, eight days a week without emotion
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bwssr
Live long and prosper Texas
They get a bailout and we get the boot.
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