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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http://www.scribd.com/doc/103295296/NJ-response-procedures

Sworn answers in regards to foreclosure procedures.  While this may not directly be beneficial to litigants, it can provide a deeper understand of what really goes on with some documents filed with the court and may have some useful information to draft discovery questions.
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With regards to issues on mortgages, the Consumer Financial Protection Bureau has proposed new rules for home loan providers. The new CFPB rules attempt to provide more transparency for borrowers. Resource for this article: Alternatives to Pay Day Loans

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j
"...." tu 4 ur post! most informative!
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Joan, this thread has nothing to do with transparency.  It provides an "insight" into the servicer's workings.  You may be able to obtain facts that could help you defend foreclosure.
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http://www.judiciary.state.nj.us/superior/affidavit_litton_loan.pdf

This is Litton Loan's response.
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Texas
Thanks ,,,,
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Jeff
Any suggestion by way of a couple of examples on how to use this info in ones discovery? eg production, admissions, & interrogatories?  Any helpful input is appreciated.  Thanks.  (ny state).
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Jeff wrote:
Any suggestion by way of a couple of examples on how to use this info in ones discovery? eg production, admissions, & interrogatories?  Any helpful input is appreciated.  Thanks.  (ny state).


No one is going to be able to answer that question because the situation and facts in every case are different.  You can't just copy a discovery request off the internet.  You have to tailor your discover to your situation.  You are trying to find facts and documents that HELP you.

Here is one example of how this information could be helpful.  

Litton Loan was your servicer.  They sold the servicing rights to Saxon.  Saxon is now filing for SJ and submits an affidavit of amount due containing payment records.  

These records need to be authenticated or they are classic heresay.  The rules require that the affiant have personal knowledge.  If you read the rules and cases, this personal knowledge is NOT of the actual transaction
(which would be impossible for most individual transactions in huge companies) but of the underlying system and procedures used in the things like applying payments.

Having this knowledge is what allows the affiant to give the proper foundation to admit the records and gives the records the indicia of reliability required to be consider business records.

If you look at the different servicers you will find they use different software platforms.  

Unless the Saxon employee worked for litton and was intimately familiar with Litton's computer software, procedures, departments, ect... there is no way they could have the required knowledge to lay the proper foundation to have these business records admitted.  

Usually this is an argument that you would want to make in an objection at the last minute.  In many jurisdictions you are permitted to file supplemental supporting affidavits.  If this argument is laid out too early, you allow the plaintiff the chance to go to Litton and get a 2nd affidavit that could be considered in a "second bite at the apple" trying to get these records in.  Read the rules and cases in your jurisdiction.  

Mr. Roper gave many super well written explanations of these deficiencies.  You need to keep reading them over and over (along with the cases in your jurisdiction) until you understand.

Make sure you read Mr. Roper's threads on discovery also.  There are many things you DON'T want to ask for even though poor examples of discovery floating around ask for these documents.  




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I'd also add....

As far as discovery questions, once you use the facts in these documents to form a well researched argument supporting your position, you can then ask discovery questions that need to be answered under oath that "funnel" the plaintiff straight into your argument.

Simple questions in regards to who is the servicer?  When did they become the servicer?  Are usually not very threatening but can show that the records of the alleged transactions are NOT within the knowledge of the current servicer because they took place years prior to the servicer taking over.  These records are obviously records of a different business which they CANNOT authenticate, give the proper foundation, and are inadmissible because they do not fall in the hearsay exception.

The smallest things can come back to bite the Plaintiff in the butt.

You should have a clear plan with your defense and discovery.  While this plan will branch off into several different directions, you really need to be focused and not waste discovery.  

I'm not an attorney and you shouldn't consider this legal advice.  Always try to find an attorney.
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Jeff
"...." thank you for the explanation --- i understand and totally agree that one CANNOT use 'canned' off the internet discovery questions etc.  Thus, I was not looking for a 'canned' response to my question but looking for an explanation  exactly as provided by you.  Therefore, you have just reenforced the strategy contemplated.

ps 
After completing each rough draft of my 'fight' I always turn to the 'Roper File' for further guidance/confirmation that I am on the right path.  Again, "....", thank you for your time it is most appreciated and welcomed!
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To Reply #1 :
In Exhibit B - Saxon, page 20 of 96 ;
'Saxon may also use a third-party vendor, Nationwide Title Clearing, to record previously unrecorded intervening assignments, to prepare missing intervening assignments..."
Then read the Nardi Depositions.
FDIC didn't provide assignments,etc..NTC prepared missings assignments, FDIC suing the banks. Put the puzzle together and what does that spell. F-R-A-U-D.
FDIC notified One West Bank that it was not authorized to allow third-party vendors(signers like Bryan Bly and Crystal Moore) to sifn assignments as Attorney-in-Fact for FDIC/One West Bank. From Erica Johnson-Seck(VP of Foreclure at One West Bank) deposition, July 2009.
FDIC has a FIOA Service Center(website). Read this blog(#6) attached. http://www.beingmiddleclass.org/showthread.php?532-FDIC-Press-Release-RE-Onewest-Bank.
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Blake
Mr. Roper's discovery suggestions are always very valuable. But if you want to develop a thorough, thoughtful and effective program of discovery, go to a good academic law library and look at the multi-volume treatise Bender's Forms of Discovery.

Benders gives examples of interrogatories, requests for admissions, requests for production and deposition questions covering almost any possible subject.

While these will not be tailored to a foreclosure defense, if you look carefully and take time, you will begin to see what kinds of questions can be effective and what kinds of objections can be reasonably interposed. This reference is also helpful in preparing and arguing a motion to compel.
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Blake wrote:
Mr. Roper's discovery suggestions are always very valuable. But if you want to develop a thorough, thoughtful and effective program of discovery, go to a good academic law library and look at the multi-volume treatise Bender's Forms of Discovery.

Benders gives examples of interrogatories, requests for admissions, requests for production and deposition questions covering almost any possible subject.

While these will not be tailored to a foreclosure defense, if you look carefully and take time, you will begin to see what kinds of questions can be effective and what kinds of objections can be reasonably interposed. This reference is also helpful in preparing and arguing a motion to compel.


+1

If you don't set foot in a legal library you have no hope.
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