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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Kitt
Hi Everyone, 
Got my stuff together from gov. offices, they've helped me the best they know how. 
Have a couple questions about Filing suit in Small Claims Court.
If my State allowed a maximum request of $7,000.00 for a suit against my Mortgage Servicer, HOW would I do this:
1. Would I file a suit for EVERY type of fraud they have committed against my loan?
2. Would I file 1 suit for everything they've done?
See, the thing is... they've done 18-26 METHODS (types) of fraud against my loan,(sorry but at this moment I don't remember the exact figure). 
Some of those methods they've used only once, and some of them they use over and over again to collect erroneous fees. 
3. If I'm able to file suit against each infraction what is the best way to do this? File a handful of them at the same time, wait a while and then file suit for a few more? 
or 
4. File suit for all the infractions individually all at the same time?

The entire intention here is WIN JUDGMENT  (with all infractions) and to file suit without the help of an Attorney since I am not able to find one to take my case... It's either too time consuming for them, to scary for them, they don't understand even though my documents clearly show them, or they've previously represented this company which means (conflict of interest on their part).  ... NO attorney for me

Like I stated, I have all the paperwork and it clearly shows their fraudulent methods, and their refusal to put an end to the fraud with correspondence from me on several occasions requesting for them to correct and stop with their continual errors. 
My thoughts are Small Claims Court to ask for the Maximum allowable amount for each infraction as this would be easiest done without Legal Representation since I am unfamiliar with the Courtroom Jargon I would need to know in a Higher Court Circuit.

Opinions, Advice, Suggestions on the best plan of attack would be superb!
(P.S.) for the one who sent a message over yesterday I apologize I was not able to respond before you went away. 
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Kitt
Hello? anyone? 
I once was instructed by someone from this site (offline) in other communication, that I needed to file small claims for infractions. I just don't remember the method suggested in which I do so (as asked above).  At that time my local courthouse was unwilling to help provide me with any answers or information to file suit against a State Agent (since the servicer is out of state); and advised me that no such thing could be done.
My mentor from this site was FURIOUS as he knew the processes all too well, and the Insurance frauds like the back of his hand. Is this person still around?
I Spent some time with my county gov. offices yesterday (who are now more than willing to help in any way possible)  and I now have all the info I need to go about filing suit with an out of county agent, but need some help with the above questions. 

I realize small claims might seem worthless to quite a few of you as it does me also, fore I know going for blood would be most fitting.  Small claims is a starting point for me, and I'm still trying to decide if it should be my focus... As stated in the previous post I'd really love some knowledge or advice.
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Moose
Of course, this isn't legal advice but the reality of life is that the defendant (servicer, bank, etc.) will respond by "removing" the case on jurisdictional grounds to a court (most likely federal) where they can consolidate all the claims. To do this they will have to retain local counsel and you will soon find the rules of procedure and evidence are vastly more complex than small claims.

Courts DO NOT like to see plaintiffs game the system by filing multiple suits; you could jeopardize your entire case.

Having said that, there have been news stories as well as anecdotal references from around the 'net to cases where the fraudsters didn't show up at all and the plaintiff obtained a judgment. I can almost guarantee they'd show up at the second case.

Moose

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Kitt,
   You are falling into the servicer trap by allowing them to get you all upset.
The objective of the servicers is to push you into foreclosure by getting you
to default.
   They make their money by foreclosing on people, not modifying loans or
correcting overcharge errors. This is because they only paid 2 to 3% of the
face amount of your Note for the servicing rights (which essentially gives
them the power to foreclose and keep the proceeds of the foreclosure sale.)
   Messing around in Small claims will not solve your problem once they have
targeted you for foreclosure.
   Your best bet is to study the rules for filing Chapter 13 and force them to
prove their claim in Federal Bankruptcy Court. You list the debt as unsecured
and disputed. You list your home as Homesteaded and with no lien on it.
   Of course, I don't know what State you are in, nor the details of your case
but NOLO has an excellent work on how to file a Ch 13, so I would read that
first.
   If you have internet access, I would sign up for PACER and look at other
Ch 13 cases in your area, so you can see how it is done.
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t

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Kitt,
You are falling into the servicer trap by allowing them to get you all upset.
The objective of the servicers is to push you into foreclosure by getting you
to default.
They make their money by foreclosing on people, not modifying loans or
correcting overcharge errors. This is because they only paid 2 to 3% of the
face amount of your Note for the servicing rights (which essentially gives
them the power to foreclose and keep the proceeds of the foreclosure sale.)
Messing around in Small claims will not solve your problem once they have
targeted you for foreclosure.
Your best bet is to study the rules for filing Chapter 13 and force them to
prove their claim in Federal Bankruptcy Court. You list the debt as unsecured
and disputed. You list your home as Homesteaded and with no lien on it.
Of course, I don't know what State you are in, nor the details of your case
but NOLO has an excellent work on how to file a Ch 13, so I would read that
first.
If you have internet access, I would sign up for PACER and look at other
Ch 13 cases in your area, so you can see how it is done.

 

Once again, we have a post from swindler Mike H., who purports to speak with great authority and uses every opportunity to troll the Forum for new victims for his various scams.

 

It should be immediately noted that there are many states where the is no homestead exemption at all.

 

Swindler Mike H. further seems to encourage you to default.  If you have legitimate issues as to servicer accounting and are not in default, defaulting is a very bad strategy as it weakens rather than strengthening your hand.

 

DISREGARD POSTS FROM THIS LOUDMOUTH BLOWHARD WHO ROUTINELY POSTS FALSE AND MISLEADING INFORMATION DAMAGING TO BORROWERS TO CREATE NEW OPPORTUNITIES TO LINE HIS OWN POCKETS!

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Kitt
Hi Fellas, Thanks so much for the info! I've been dissecting the Mortgage Contract, getting lost in it & having to put it down for a while & come back to it, to thoroughly grasp the clauses.  It almost looks like they've got me at every nook & cranny associating the M.H. with the land by wordage only which  just complicates the issue even further. 
"there have been news stories as well as anecdotal references from around the 'net to cases where the fraudsters didn't show up at all and the plaintiff obtained a judgment."
Haha Moose! That would almost be like FREE money! :-D  Multiple suits? That's a NO GO, Got it! Scary stuff there with the Federal Court as I'd quickly find myself in a boat load of trouble without having Representation.

Chapt. 13 Been there, done that though I'm not sure if the Home was categorized as you said it should be. God-forbid that ever happens again, I'll be sure to file it that way.  Thankfully, there have been no defaults.(Not that they haven't tried with their overly abundant charges. I'm soooo sick of paying them what they demand is due monthly,  approx. a couple hundred in overcharges every month; the fraud, extortion, illegal gains with perpetual fraud haunt me beyond all words! 
Sadly Mike, I had a crappy bk attorney, during those years there were many defaults on the loan even with the Bk. we were still strapped, and they knew it. Did their best job possible to make us default (successfully)! Demanding close to $800.00  a month, every month, making the other bills suffer too, causing late charges with those as well. There were times when we'd get 3 months behind on all bills, thanks to their frauds. Can't even begin to tell ya how many times we were brought back into the bk courts with them trying to foreclose. God how I always wanted to tell them to just take the house and shove it, sometimes I wish I had.  I've been sitting here thinking bout the Chpt. 13 and what you said. Makes me think I should make another thread for others who might need the same advice (so they can find it easily). 
Thanks bunches you Two! Many thoughts from your posts to help rectify the crap consuming my life.  
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Kitt
Oh Well Dang! Had to step away from the puter while in the middle of writing that last post of mine, and now see yours T.   Now I must say ~Yikes! I've been away from this forum for a while so it is hard to tell who is here to have your back with best intentions and good advice.

I'll certainly be careful and be sure to research things before I proceed into danger zones. T?  I see what you said about 'being encouraged to default' but I didn't exactly read Mikes post that way. Although the filing of a M. H. with no leans on it in a bk court, and then defaulting? What is the consequence of that????? 
That part sounds dangerous????????? Hope you can define those last two questions to help me better understand this little battle of words. 

Ugh, I wish i hand't left this board so i would still know who is who, and hiding behind what names. 
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t

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Ugh, I wish i hand't left this board so i would still know who is who, and hiding behind what names.

 

Those of us who have been around for a while recall that Mr. Roper had posted some expository material about swindler Mike H. about a year ago.  He showed that Mike H. had been victimizing Forum borrowers and gave facts showing the activities of confederates of Mike H.

 

Mr. Roper departed in disgust when the Forum administrator removed his factual and insightful analysis.  If you have found Mr. Roper's posts to be helpful and informative, realize that his absence is directly related to the site administrator's coddling of this criminal.

 

Forum seniors all KNOW about Mike H. and his utter nonsense.  He advocates a variety of invented defenses and strategies that have no foundation in law and which will accelerate the loss of the borrower's home, even as Mike H. lines his pockets  It is a horrible waste of time for distressed borrowers to seek to sift through the valuable insights of contributors like Mr. Roper, Texas, Moose, ka and others, when these have been polluted by the drivel espoused by Mike H.  Of those who troll the Forum, only Anh has done more harm than Mike H.

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Kitt
"site administrators coddling of this criminal"   does this in any way mean the owner/administrator of this site is in collusion with the servicers?

So sorry to hear that's the reason for Mr. Ropers absence. I was under the impression that he had finished with his case, and thusly departed.  His posts were informative to the point of making my brain ache LOL! 
Sure wish you could send a list of whos who, or who not to trust. 
I'm so out of the loop now, since my departure from this board. Unfortunately I had to vacate the premises due to the tauntings & torture of one somewhat messed up, specific individual. Good gawd to the b.s. that one (the narcissist) spouted.
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texas
t said: "Mr. Roper departed in disgust..."

I will not speculate William A Roper Jr's thinking, but I know for fact, he has been 100% involved in other aspects. Sometimes, less said is better.
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MSF Moderator
Quote:
"site administrators coddling of this criminal"   does this in any way mean the owner/administrator of this site is in collusion with the servicers?


Kitt: That is not even remotely possible, so you have nothing to worry about there. 

Hate speech was disrupting the Forum. Our email and voice mail accounts were filled with people who were so disgusted by the attacks, they were afraid to post a simple question for help.

The most popular solution from our Forum members was to delete the thread. So we did.
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MSF Moderator
Quote:
"site administrators coddling of this criminal"   does this in any way mean the owner/administrator of this site is in collusion with the servicers?


Kitt: That is not even remotely possible, so you have nothing to worry about there. 

Hate speech was disrupting the Forum. Our email and voice mail accounts were filled with people who were so disgusted by the attacks, they were afraid to post a simple question or ask for help.  The attacks insulted visitors, (excited the fraudsters and their foreclosure-mills), disrupted threads, and left many feeling worse than before they came. (This also excites the criminal enterprise.)

The most popular solution from our Forum visitors and members was to delete the entire thread(s). So we did.
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Kitt
For the Mod: Thank you for the Response, there is so much fraud in this world, not only with the servicers but other factions as well. So many deceptive practices, and deceptive humans abound! It is very difficult to find those who can be trusted and to know that the information given is helpful not destructive. 
From reading around the site a bit, and reading responses to my own questions as of late, I've personally determined a handful which present the trustworthy qualities which I am so desperately in need of, in rectifying the fraudulent hauntings consuming my life.    
The fighting on here is so very invaluable, and time consuming while trying to sift through information. Could not a thread specifically for fighting be created?
Those who wish to fight with each other make posts in that thread ONLY, and if they need, copy links from the posts they wish to debate? 
Yeah, I know that might sound like a silly idea, but if it would keep the arguments, and negativity off of the posts it would be extremely helpful (not only for myself but newcomers, and VETERANS alike) where they can battle it out, point out (the hiding fraudsters/deceptive posters). But then again, that might open up a bucket of worms with flooded emails and phone calls?  ......... Ah, too much ramble from me, and wishing the negativity in the threads was obsolete. 
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Louis

There is nothing the swindlers and scam artists would like more than the silence of those who expose their frauds.  The next best thing is the cooperation of the site moderator in removing the expository posts of those who know and understand their frauds and deceptions.

 

The fraudsters begin with mostly plausible sounding suggestions which purport to help.  Then, they quickly begin to exploit those in distress. 

 

When their frauds are exposed, they begin a ruthless and concerted campaign against those who expose them.  They incessantly cite the purported negativity of those who understand their frauds and deceptions.  They continuously attack anyone who challenge or expose their misleading posts and demand that the site administrator remove posts or threads which, if read, will deprive the swindlers of their steady stream of revenue from the unwary. 

 

All too often, after a relentless campaign the moderator makes a cowardly choice and accedes to the demands of the fraudsters.  Then months or years later, the victims return to the Forum to complain that they have be conned by unsavory attorneys or other loan modification scam operators who lurk within the Forum trolling for new victims.  These scams take in tens of millions of dollars.  The volunteers here at the Forum cannot possibly match the resources and energy of the larger and more organized of these when they undertake a campaign of attack and deception.  The swindlers are both ruthless and relentless.  It is little wonder that Mr. Roper left in disgust when his efforts were betrayed by the cowardice of the administrator.

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Moose
Louis - your comment " ... It is little wonder that Mr. Roper left in disgust when his efforts were betrayed by the cowardice of the administrator."

First, your diatribe is inappropriate.  You have no first-hand knowledge of why Mr. Roper decided to pursue his efforts in other ways, nor do you have any first-hand knowledge of the motivations of the administrator or moderators.

Thus, what you posted is speculation and hyperbole on your part and what I can tell you, having been at this for nearly ten years, is that your accusation is misguided at best.

You assume much without a factual basis and while I won't challenge your motive for making such a statement, I would suggest it is something that should have been given more consideration before posting it.

Moose

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Kitt
In regards to posts # 14 & 15 above. While I may agree to what both of you have stated, this is exactly what I was talking about!  This world is negative enough, the life of fraud that we live is negative enough. Negatively speaking about/of/ or too other individuals is not something I am fond of at all, nor wish to be a participant of. 
With that stated, how awesome would it be, if we as posters had the permissions to delete posts off of our threads (which  we create(d ) ), and see as having no added value? 
Moderator? ...Just a thought.
 
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