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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Hello to everyone out there who is still out there in the fight of their lives.
I just received great new from the Federal Court for the District of Arizona. 
I won a small victory, but the war is not over.  See Sharpe vs.  Select Portfolio Servicng, Inc.  I did this as a Pro Se litigant, and I still can't find an attorney in Arizona to represent me.

My question is, will the fradulent concealment that Select is guilty of and their violations of the FTC Consent Order and the Curry Settlement Agreement, can the court now vacate the foreclosure, due to the fact that a clear title can not be conveyed due to fraud?

At the time of the foreclosure, under the FTC Consent Order and their Injunctive Relief provisions and the Curry Class action settlement agreement, there could be no actions towards foreclosure until all disputes were resolved and the foreclsoure took place.  After the foreclosure Fairbanks Capital Corporation n/k/a/ Select Portfolio Servicing demanded arbitration and the arbitrator ruled my TILA claim time was time barred.  At the time of the sale the title would have been "clouded" since there had never been any judicial determinal of my TILA claim. 

How does one even begin to calculate damages
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George Burns
Your facts and circumstances are not clear.

What sort of case? What sort of victory?

What does your foreclosure, or any foreclosure action have to do with "the fact that a clear title can not be conveyed due to fraud " Conveyed to whom?

How could the title be "clouded" at time of sale to you ? The actions upon which your TILA case rests. took place at and with your closing. For the title from the Seller to you the Buyer to be "clouded" the actions would have had to take place before the sale and would have affected the Seller not you the Buyer. Actions that take place after your closing would be what would "cloud" the title going forward.
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In order to understand what my case pertains to, you will have to read the case Sharpe v. Select Portfolio Servicing Inc.  It explains and answers all of your questions.

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George Burns
So what is the case number etc?

Take a look at other threads and you will see how cases are cited.
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In the United States District Court for the District of Arizona
No. CV-11-1426-PHX-GMS

Kathi Ann Sharpe, Plaintiff
 vs.
Select Portfolio Services, Inc. Defendant


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Sorry, the case is No. CV-11-1436-PHX-GMS
                               ORDER
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George Burns
Link  to Order:
http://docs.justia.com/cases/federal/district-courts/arizona/azdce/2:2011cv01436/630413/10/0.pdf?ts=1326267906

Congratulations on a good outcome even if somewhat limited. You have to admit though that you were very lucky that the court was so lenient regarding your filings and lack of filing. Many judges are not as lenient with Pro Se litigants.

This case serves as a good example of pro se litigants not reading and understanding the rules as they apply to pleadings etc. But thankfully the court detailed the deficiencies.

Based on what you have posted I do not think that you understand what is relevant nor what to now do. Unfortunately my disability is not allowinng me to explain to you, so I hope that Bill, t, ka and others will.

I suggest that you do not try to continue pro se, but immediately secure the services of an experienced lawyer. You are in Arizona so there should be no shortage.
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Bill
I personally do NOT feel this is a victory.  It seems more like a train wreck waiting to happen.  Kathi you really need a lawyer.  You do NOT have a good grasp of the legal system or the legal process.  You are not even clear of the facts in your own case:

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At the time of the foreclosure, under the FTC Consent Order and their Injunctive Relief provisions and the Curry Class action settlement agreement, there could be no actions towards foreclosure until all disputes were resolved and the foreclsoure took place.  After the foreclosure Fairbanks Capital Corporation n/k/a/ Select Portfolio Servicing demanded arbitration and the arbitrator ruled my TILA claim time was time barred.  At the time of the sale the title would have been "clouded" since there had never been any judicial determinal of my TILA claim.  
''


Your TILA claim WAS DECIDED.  Your claim was barred because the statute of limitations had run out.  You lost.

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Plaintiff went into default on the loan, and a trustee sale was noticed. Plaintiff filed suit in Maricopa County Superior Court on March 31, 2005 to rescind her loan under the Truth in Lending Act (“TILA”). 15 U.S.C. § 1635(f). Thematter was subject to an arbitration hearing on May 17, 2007. On June 1, 2007, the arbitrator ruled that Plaintiff’s claim was time-barred. (Doc. 6, Ex. 6).

 The arbitration award was confirmed by the Honorable Jeanne Garcia of Maricopa County Superior Court on August 13, 2008

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Plaintiff previously brought the TILA claim and lost in arbitration. (Doc. 10 Ex. 6). To the extent that she intends to raise any claims under TILA here, claim preclusion requires dismissal. “The state court’s confirmation of the arbitration award constitutes a judicial proceeding . . .and thus must be given the full faith and credit it would receive under state law.” Caldeira v. Cty. of Kauai, 866 F.2d 1175, 1178 (9th Cir. 1989).


The order that George looked up for us in NO WAY gives validity to your claims.  It merely states that your ONE claim survived a motion to dismiss IF the court accepts the facts you alleged as true.  

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Even if the chances that Plaintiff will be able to prove these facts are “remote and unlikely,” she has stated a claim adequate to survive a motion to dismiss. Scheuer, 416 U.S. at 236. The motion will be denied with respect to the Claim One

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Taking her allegations as true, she is not barred from proceeding with
her breach of contract claim

You still have to PROVE your claim with admissible evidence.  You need to follow the rules and use them to collect evidence that supports your position.  You need to make the proper, well researched legal arguments.  I personally feel this is a mountain too high for you to climb.  YOU REALLY NEED AN ATTORNEY TO HELP YOU.  

While some forum participants may see these comments as particularly harsh, take a few mins to read the order.

I have, over and over, said in regards to Mike H's "Quite title" wing-nut theory, you DON'T just get to sue people.  There is a cost involved if you lose and these can be quite substantial.  Kathi sued and LOST in regards to her TILA claims:

 
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The arbitration award was confirmed by the Honorable Jeanne Garcia of Maricopa County Superior Court on August 13, 2008. (Doc. 1, Ex. 9). Subsequently, Select moved for and was awarded attorney’s fees in the amount of $15,000, which continue to be garnished from Plaintiff’s paycheck

The cost of losing in a lengthy Federal suit would be considerably MORE than the prior loss.  I have seen 80K-100K awards.  It seems that it would be far cheaper to have an expert attorney represent you and see if you really have a claim that you can prevail on.  








    
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What about the fraudulent concealment by SPS?  In order for them to conduct the foreclosure, they had to breach the FTC Consent Order.  The arbitration to  determine my right of rescission claim took place after the foreclosure.  SPS concealed the fact in 2005 that I was a class member. 

I am looking for an attorney.  How many days do I have to respond to this order?
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George Burns
I do not think that anyone should look that up for you. You have been doing this for a long time so you should either know by now what you are pursuing or should have found an attorney by now.

I consider it a victory, even if limited, because you still have some fight left.. You live to fight another day.

BUT, you do not sem to understand what the relevant issues are, even although the judge made them very clear in the Order.

FIND A LAWYER ASAP. You probably only have days, but that depends on what you are going to do. I  do not see what it is you could be hoping to  achieve by responding to the Order. As far as I see it, this part is over and done. The Order tells you what else and where your next steps are.

THAT YOU DO NOT UNDERSTAND THE ORDER, IS PROOF THAT YOU NEED A LAWYER.
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I appreciate and would like to thank everyone for their time and consideration and their responses. 

I will continue to fight and seek the appropriate legal advice.  

Thanks to everyone for their encouragement.

Kathi 


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I am very disgusted by the stupid comments made by those responding to your blog. It takes guts and perseverance to keep fighting In Pro Se. 
I have been Fighting Select Portfolio In Pro Se for 3.5 years. My trial is scheduled December 10, 2012 ( if you have pacers see CIVIL DOCKET FOR CASE #: 3:10-cv-01605-CAB-KSC in U.S. District Court
Southern District of California (San Diego)
I know through my own challenges and  experiences that there is a very good reason that you cannot find an attorney. SPS plays dirty and has endless resources to knock you out. The  attorneys who have the ability to win these type of actions would charge you so much that if you had that kind of money you could pay off your debts.
Since you are there in Arizona check out Phoenix Az.  attorney Neil Garfield's living lies  web-site at
http://livinglies.wordpress.com/about/ and watch


and Congratulations for having the nerve to sue these crooks!  
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Thank you for your words of encouragement.  I still have not been able to find an attorney to repreent me.  At my recent deposition, there was a discussion regarding damages and the costs associated post foreclosure. The trial is ser for August 2012.

 

SPS is quite the foe.

 

 

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Thank you Catherine for the kind words and encouragement.  It has been an uphill battle as you know whe yu deal with SPS.  It will be interesting to see how FTC Consent Orders, Settlement Agreemets, Class Member and Class Actions all play out.  These Settlemnt Agreements were apprved by the Court, but if the Class Member was never noticed during the pendency of litigation and discussion, was due process allowed.

 This case stems around notice, failure to comply, enforcement of Settlement Agreements and Breach of Contract.  Had I had the opportunity to be noticed and informed that there were certain provisions and benefits prior to the foreclosure and that the only defense to foreclosure available was to file a lawsuit for the enforecement of the Settlement Agreements, the outcome would not be the same.

Thank you again Catherine for the support.

Kathi Sharpe
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So any updates on anyone's outcomes with SPS?
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Brian
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Since you are there in Arizona check out Phoenix Az. attorney Neil Garfield's living lies web-site at http://livinglies.wordpress.com/about/ and watch


Perhaps you didn't notice, but the links above are to the web site of scam artist Neil Garfield who operates a site called "Living Lies". The site is named to immunize adn indemnify Garfield against fraud claims, since almost everything posts and/or for sale their involves misrepresentation and fraud.

But since site is labelled as "Living Lies" Garfield can honestly claim that he has warned everyone from the outset that everything found at the site is actually false.

No. There are no successes amongst the victims of Garfield's various scams. Rather, there is only a wake of financially injured distressed borrowers.

No honest or serious person would ever extols the virtues of this base criminal.
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hey!!!!!
Yes there is, Get a duplicate of your cridit report from a;; several credit departments and they have a spot where you can debate or compose an excuse for why something is on there. that is where you clarify the scenario..
.................
Thanks!!!!!!!!!!
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Frank
Quote:
hey!!!!!
Yes there is, Get a duplicate of your cridit report from a;; several credit departments and they have a spot where you can debate or compose an excuse for why something is on there. that is where you clarify the scenario..
.................
Thanks!!!!!!!!!!


Here we go again! Mike H. now seems to be peddling credit repair. Good grief!!
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Texas
Frank, gotta agree something fishy here as such:

Danger Will Robinson Danger
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jonesy121]hey!!!!!
Yes there is, Get a duplicate of your cridit report from a;; several credit departments and they have a spot where you can debate or compose an excuse for why something is on there. that is where you clarify the scenario..
.................
Mortgage Singapore
.......................
Thanks!!!!!!!!!!
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Texas
One thing Joensy121, MoneyLine SG is a Singapore registered company. [http://moneyline.sg/]

As such, Danger Will Robinson Danger
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Is there a class action law suit against SPS and if so is it too late to file
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James
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Is there a class action law suit against SPS and if so is it too late to file

Class action suits are completely useless. These are designed to benefit only the lawyers. The suit is filed. The lawyers run some discovery for a while. Then they settle the suit and the defendant agrees to pay the legal fees of the class action lawyers. The borrower never gets anything except the shaft. The banks also get immunity and whatever the settlement says will never impose any actual remedy or discipline.

Ironically, Select Portfolio Servicing is a by product of the last really major mortgage class action. It is the successor to Fairbanks and in fact proves the rule. Fairbanks actually settled the class action suit on terms that required that Fairbanks stop defrauding its servicing customers.

After the settlement, Select Portfolio Servicing was created and all of Fairbanks servicing rights were transferred to SPS. Then SPS went about its business defrauding its mortgage servicing customers as if the class action had never occured. Since SPS is not a regulated national bank, they were not subject to an OCC consent decree.

These banks and class action law firms pay off the various state attorney generals, especially the Democratic state attorney generals, to look the other way. Every class action suit is a scam to make a few dollars for the class action lawyers, while actually giving each bank new immunity against suits.

Finally, what is the behavior that you think merits a "class action suit". You can sue someone over anything. But almost all claims are subject to statutes of limitations. Also, in respect of claims which arise out of judicial foreclosure, the rules in every state require that the defendant In a foreclosure action make any claims arising out of the same cause of action within that cause of action (mandatory counterclaims).

So in assessing whether it is "too late", the first question to ask is whether you have already been in litigation to completion subject to a final order. If you have, then it is always "too late" due to res judicata. Next, if you have not litigated to completion the question is what you deem your claims to be and the limitations period for these claims.

There are many scams involving class action suits. You might have to pay some swindler to be introduced to a class action lawyer who will take your case or be sold some useless report that purports that you have a class action claim. The scam law firms will often demand a retainer from you, even though the whole idea of a class action suit is that the firm brings suit on behalf of the class and gets paid out of the final judgment. If someone pitches a class action suit to you, hold onto your wallet and make sure you have your back to the wall. Have your other hand on a .38, 9mm or .45 pistol and be prepared to use it if the scam artist seeks to approach you because you can be assured that the scam artist is far more dangerous than Trayvon Martin ever was. Stand your ground laws in many states would permit you to shoot a scam artist who is recommending that you bring a class action suit or file a quiet title action, because a crime is clearly underway and you are about to be the victim!
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