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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
Floyd

There is an interesting new decision out of Pennsylvania's Superior Court (a statewide intermediate appellate court) holding that compliance with statutory notice requirements in that state is jurisdictional:

 

Beneficial Consumer Discount Company v. Vukmam, No. 259 WDA 2011, 2012 PA Super 18; 2012 Pa. Super. LEXIS 19 (Pa. Super. 2012)

http://www.superior.court.state.pa.us/opinions/A38038_11.pdf

 

This is good news for Pennsylvania defendants.

 

This is binding law statewide in Pennsylvania!

 

It has limited applicability outside of Pennsylvania, though it shows the advantage of presenting some of Mr. Roper's conditions precedent arguments as both special defenses and jurisdictional arguments, particularly where there is a failure to comply with a statutory notice.

 

Quote 0 0
Write a reply...