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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since select is a debt collector and so are their attorneys, arent they goverend by fair debt collection practices act and fair credit reporting act? and they foreclosed without ever responding to 3 disputes and they have violated several terms and conditions of the 2003 settlement. they foreclosed on my home even though the person i spoke to said it was postponed and short sale accepted. i am getting an attorney at this point-but we need to start yet another class action suit. i read mike dillon's article about how FTC counsel that approved the fairbanks settlement said she wouldnt help just one borrower. all select victims need to bombard her with snail mail and phone calls to get them stopped. no one has been able to yet (except Mike). i have a my space set up and you can email me at selectvictims@yahoo.com should you want to join in! tell your story so we can get national media attention and lawyers who actually will fight for us.
http://www.myspace.com/selectvictims
 
 
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Ohio
Although these kinds of violations are worthy to be pursued in court, FDCPA and FCRA claims are not defenses to foreclosure.

They can be brought up in a counter complaint but anyone betting the farm that these claims will save their home will end up losing the farm.

A TILA violation claim IS an affirmative defense to foreclosure and allows rescission of the loan

In Ohio if you are wanting to defend a foreclosure you better have more in your ammo belt than just these claims. None of those violations will excuse/defend default on a mortgage note.
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they are defensible when the loan servicer is a debt collector according to 2 other attorneys i have talked to. and they violated the terms and conditions of the 2003 FTC agreement that cost them 40 million dollars..

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Ohio
Lindsay,
You will need to give more details as to what your attorneys are referring to in strict regards to FDCPA violations being a defense to the foreclosure.

To be a defense to their right to foreclose you would have to prove how their debt collection practices directly prevented you from making your payments.

FDCPA claims may exist...maybe they called repeatedly when you told them not to...maybe they sent communications in the mail that did not have the proper "mini miranda" at the bottom...maybe they failed to respond to your dispute of the debt...maybe they did all of the above but none of those things directly prevents a person from paying.

I do not know because you do not say therefore you will only get generic comments and information from anyone responding to your post.

Can you provide a bit more detail?




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if you would like more detail please email me as i do not wish to make the remainder of my case public. i can indeed prove they did not respond -they never received the dispute yet i have an affadavit of service from a process server that served them with response to the original s & c as well as copies of emails sent to the ombuds office that got the auto response yet no follow up. extremely long list and in doing research today-discovered more information regarding my original mortgage note. two attorneys from buffalo and new york city have both stated that if they were in the area that based on the evidence i have showed them, my case is solid. i am here to help empower other select victims to pursue them because they have screwed up.

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