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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noodles
In helping another poster with their immediate problem, I have now come to the FACTUAL CONCLUSION...... that our Bankruptcy Attorney was paid off or bought out by EMC, or their attorneys. Whether by friendly attorney favors, or by actual payments, or gifts, I can now say I KNOW FOR SURE.... he wasn't working for us.

I just remembered, how we were "coached" about the "TRUSTEE". By our Attorney, right after we filed Chpt. 13.

We were told by him, that the chpt. 13 TRUSTEE, DOES NOT WORK FOR US, OR TRY TO HELP "US".
He told us that we are NOT to have any interaction with the trustee, except to answer her questions.

HE TOLD US, that speaking to the trustee about anything could get our chpt. 13 case dismissed.

The day we were in court for the approval of the bankruptcy re-payment plan, We were already having other problems with our Mortg. Servicer. I explained the problems to our Attorney, and told him I wanted to discuss the problems with the Trustee. He said NO!

It's sad to say, had I been "allowed" to speak to the trustee and share the current troubles with her, it is possible we wouldn't have suffered at the hands of EMC all this time.


The Attorney told us that day, that if we said anything to the trustee our HOME, would be FORECLOSED on.

I SEE NOW THAT IS NOT TRUE.

For anyone, who is in Chapter 13 right now, or going to be soon.

YOU NEED TO KNOW THE FOLLOWING:
1. You CAN show anything, you want to the trustee involving your Mortgage. Proof of payments, Kathleen Porters bankruptcy violations. Ohio's foreclosure dismissals.

2. You have EVERY RIGHT to SPEAK TO THE TRUSTEE.

3. NEVER LET YOUR CASE BE TAKEN OFF OF THE "DOCKET" TO BE HEARD BY THE TRUSTEE.

4. If you have errors on the bankruptcy documents that were filed by the Mortgage Servicer, point those errors out.
EMC was trying to take our home, with an over inflated purchase price listed on the "Relief of Stay" documents.

***** Our Attorney also denied us the Right to speak with her about that too!***** When I showed him the evidence he said "Oh, that is just some kind of typo" and went running away. Literally.

That SOB! I really should post his name ***right here***

5. It is best to make a list of all the problems you have had with you Mortgage since the inception of the loan.

6. You want to make the list as short and sweet as possible.

7. Provide dates, and amounts you were charged, and what you were charged for.

8. give it to the TRUSTEE.

Do you have to share your "plan" of attack with your Attorney?
NO YOU DO NOT.

If something doesn't seem right, with your attorney, or the answers he/she is giving you be cautious. And begin informing them of the frauds, in bankruptcy courts, and that you are AWARE they are happening.

Then begin to ask them specific questions, you want answers to like:

1. Why wont you look at the Proof, of mortgage payments, I have right here?

2. Why wont you look at this home owners policy, to see that it is correct, and paid in full? Here's the letter from the Home Owners Insurance company stating the policy is current, but why wont you look at it?

3. Is there any type of claim we can file against EMC, for their fraudulent claims on our loan?

4. So EMC is trying to take our home through a "relief of Stay"
What can we do to Counter act this? Can we file a motion to dismiss their "Relief of Stay" hearing?

5. What evidence of EMC's can we gather "BEFORE" the Relief of Stay court date?
  
6. Who is the TITLE HOLDER of the NOTE? DON'T ACCEPT.... "THEY ARE" AS THE ANSWER!!!!!

7. How many times have you dealt with clients & EMC, where EMC has successfully accomplished the "Relief of Stay" where your client has lost their home?

8. How many times has your client been FORCED to PAY thousands & thousands of dollars to EMC, at the "Relief of Stay" hearing without being allowed to speak with the Trustee?

9. There is an error on these FEDERALLY FILED bankruptcy documents by EMC, and their ATTORNEYS. What CAN BE DONE TO CORRECT THE ERROR IMMEDIATELY?

10. Are you aware that fraud is being committed in Bankruptcy Courts by both the chapt. 13 borrowers, Attorney and...... by the Mortgage Servicing Company's Attorney?

11. What kind of relationship do you have with EMC's attorney? Are you friends, college room mates, Golfing buddies, boating buddies?

By asking these questions you should be better informed as to whether your attorney is working for you or the Corporation trying to steal your home.

These questions, should put your attorney on the spot, and make your attorney work MUCH harder for you, (if they have EVER, been in cahoots with any SERVICER. Their "fear" will instill a much better reaction, to representing you appropriately, and lawfully.

Everyone should be asking their Chpt. 13 Attorneys these questions.

NEVER, EVER, SIGN ANYTHING AT THE COURT HOUSE WITHOUT SEEING THE TRUSTEE FIRST.

This isn't legal advice, but the mere opinion of a previous Chapter 13 home owner, who was MISREPRESENTED by their attorney. Hope it helps someone.
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Ohio
Sickening!!!

File a complaint against this SOB. Even if it's just your word against his you have the truth on your side!

Throw a little grief in HIS life for a change.
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H. Gosh
Noodles:  What state are you in?  Depending on your State, the PAC's are changing the law before you know it.  As an example, in Pennsylvania, a note is no longer needed to foreclose on a mortgage, nor is an assignment needed.  All that is needed is a "copy" of the mortgage, and the names of the mortgagor and the PIN for the property. In other words, I can go to any Recorder of Deeds in the entire Commonwealth, make a copy of a mortgage, file a complaint listing the mortgagor and the premises used as collateral and foreclose with no further proof.  Perhaps this is what happened to you? 

Please let us know your state of residence so we can research.
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noodles
Ga.
We have always been watched over to some measure H. gosh.
They never Managed to get the "relief of stay" lifted. We have not been FORECLOSED on. We have not lost our home.
But they have tried, endlessly.

They would FORCE us to pay them well over $3000.00 when we went to court. Our Attorney never allowed us the chance to speak with the Trustee. Noting to us... that the Trustee doesn't want to help us... That the Trustee works for the companies, to help them get as much money back as they can.

Being snowballed into fear each time, We were offered "Agreements" but those "Agreements" were costly.
Our Attorney said "EMC won't take your home if you pay them what they want!"

We always paid, to keep our home. We had no choice..... Even when we were left with no money for other obligations and necessities.


They managed to extort thousands of dollars from us,
after paying them their large mounts at Court, and paying them the overages "per our Agreement"... they would then again threaten us with court a month or two after the "agreement" payments had been satisfied, and paid in full.

We would have to pay them:
Some months we had been forced to pay them TWO entire months worth of payments. Imagine doing that for a 4 month period. (or they would take us to court again)

Or imagine paying them 3 full mortg. payments for a two month period, then 2, then 2, then 2.

Yes, I would very much like info on the law you are speaking of H. Gosh. I had no idea.
Horrible. horrible.
and Thank You.

(In not wanting to reveal too much information about my specific troubles, I will add to this post, that you can accept those figures to be truth, or not. It is the readers choice, as its possible those figures are incorrect, also possible they are not.)

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Moose

noodles wrote:
... that the Trustee doesn't want to help us... That the Trustee works for the companies, to help them get as much money back as they can.

Noodles, a couple of things.

First, the Trustee is appointed by the bankruptcy court to do the administrative procedures that MAXIMIZE creditor's recovery. In a chapter 13 filing, it is their responsibility to balance your ability to repay with ensuring the creditors get as much as possible from you.  It is a "party neutral" administrative position with fiduciary responsibility, but the trustee is not a judge.

The issues surrounding proof-of-claim from predators like EMC are argued before the BK judge, not the trustee. This isn't legal advice but a challenge  to the proof of claim (through a motion to the court, not the trustee) would have been appropriate and a hearing demanded. The judge (again, not the trustee), would have made the decision.

Typically, the challenge is made and the creditor is given some number of days to respond. If they don't respond, the judge will dismiss the claim. In the case of a secured creditor like EMC, they will almost always respond. And of course, they would have already have filed a relief-of-stay motion, which again, would be heard by the judge, not the trustee. Those motions are almost automatic. Sometimes the borrower never even responds and they are granted.  Keep in mind, most chapter 13 cases never get to discharge; they are almost always dismissed.  The "system" thus sees the BK filing as little more than a delaying tactic.

Your attorney was, I'm sorry to say, all-too typical.  They get a fixed amount for handling a case. The filings are almost always simple boiler-plate and software generated. When a dispute arises it starts eating into their time.

But apparently there was a hearing and they didn't get the stay lifted. Now the issue is the correct amount owed, which as I said before, will require a hearing. Hopefully, your attorney is headed in that direction.

Moose

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noodles
Moose, input is much appreciated.
Everything you said is the problem here.

More to the story. We had also been told the Judge was only there for specific problems, & couldn't help us with the other problems that had arisen with the Mort. Co. right after our filing of 13.

Had we known better, or known more. Our loan Could have, or (99% sure) would have been rescinded.

Had we been represented appropriately, we never would have suffered so. NEVER.
At the time we trusted or Attor. to do his job & do it well. We trusted everything he told us. We had never known anyone in 13 therefore knew nothing of it.

There is so much more to this.
Lie, after Lie left us to believe (we couldn't speak with trustee; and had to go through trustee, before getting to Judge) hmmm.
you can't talk with trustee cause Attor. says NO! and Judge won't hear & doesn't hear chpt 13 borrowers????!!!!

I began to suspect that something was wrong with our Attor. & his representation of us near the end, of our 13 case, and have since been adding the pieces together. My recollection the other day, along with other factors proves his culpability.

The statue of limitations may have run out. But it certainly doesn't stop me from writing a letter to the STATE BAR, Trustee, & Judge.

Our Chpt. 13 was completed successfully btw.

It is funny though... last time we were at court, I had tons of documents, our attorney refused to look at. I had proof we had made our payments. I had proof we were being over charged. I had proof they had altered our payments (wire fraud) I had proof they lied in their submission of docs, to the Federal Courts. You name it I had it. Our Attorney would look at something I'd show him, and he'd then go running away literally. He'd come back.... all the while trying to get us to sign the "agreement"; I'd show him something else, he'd go running away again. I demanded to speak with trustee (thinking that I couldn't speak with Judge, (because that's what we were told.)

We were at the court house approx. 6 hours. Waiting for our case to be heard by the Trustee. The SOB (our Attorney) kept taking our name off of the court docket to be heard.

Attorney, had hubby convinced I didn't have enough paperwork or proof to keep our home, and the courts would rule in favor of EMC. NOT TRUE! It was yet another opportunity at that moment to have our loan rescinded it was passed up, due to Attorney misrepresentation.

We eventually signed their agreement; after hubby collapsed at our Attorneys scare tactics. We paid them a large lumped some of cash, and continued to pay them well over the monthly payments, for several months.

Funny thing is............ EMC never tried to take us to court Again, after that day. EMC DIDN'T WANT US GETTING UP IN FRONT OF THE TRUSTEE, OR JUDGE, Neither did our Attorney. We still had Two more years to go in the chpt 13.
Not ONCE did they try to take us to court again!

One big puzzle....Now solved. Our ATTORNEY WAS GUILTY.

EMC's crap started back up two months after receiving the Completed 13 discharge papers.

I really cannot say more, as I have not decided what to do with this as of yet.

Moose what you say is fully understand "now", back then it wasn't. To this day I still wouldn't have known a borrower was allowed to speak with the Judge, had you not told me so. I'd still "think" the borrower had to go through the Trustee first!
What a shame we were lied to.
Ugh...I'm sick to my stomach.


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noodles
Oh and let me add that our Attorney Knew all of my documentation prior to court as well, AND HE DID NOTHING.
After calling his office when we received their court notice in the mail, i told him of all the docs. I had and that their claims of default were incorrect.

HE DID NOTHING TO HELP US.
HE SOLD HIS SOUL.
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Across the country their all SELLING THEIR SOULS AND US SHORT! There seems to be NO JUSTICE!
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