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
On June 26, 2008, Justice Thomas D. NOLAN of the Saratoga NY Supreme Court dismissed a foreclosure action brought by Deutsche Bank Trust Company due to lack of plaintiff standing.  The case was Deutsche Bank Trust Company v PEABODY, 2008 NY Slip Op 51286U; 2008 N.Y. Misc. LEXIS 3690 (Sup Ct, Saratoga County, 2008).

"Again, here, plaintiff offers no evidence that it took physical delivery of the note and mortgage before commencing this action, and again, the written assignment was signed after defendant was served. The assignment's language purporting to give it retroactive effect, absent a prior or contemporary delivery of the note and mortgage, is insufficient to grant it standing."

See for the full Slip Opinion. 
Quote 0 0
Write a reply...