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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Bill
I haven't had a chance to read the SJ motions, but I think this illuminates the fatal flaw in the produce the note strategy.  Mr. Roper has posted many times if pushed hard enough, the Plaintiff WILL produce the original.  This decision also highlights the importance of attacking EVERYTHING and the use of effective discovery to box in the Plaintiff.  WITHOUT reading the SJ motions, the lack of any argument on appeal besides "how did they get the note" leads me to believe a failure to challenge many flaws such as the allonge, the affidavit, proof of when they got the note, ect.....Never be a one trick pony.    

http://www.4dca.org/opinions/Apr%202011/04-06-11/4D09-3036.op.pdf
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Bill

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Thus, Deutsche Bank, by virtue of its possession of an instrument

payable to bearer, is a valid holder of the note and, therefore, is entitled

to enforce it. The affidavit from Option One’s successor in interest, also

uncontested, provides proof of Deutsche Bank’s right to foreclose

 

the mortgage.

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Another reason that all litigants, in the the state of OHIO, need to make sure they are using a good attorney! Additionally, the OHIO SUPREME COURT is soon going to rule on conflicting appellate court decisions - on the issue of STANDING (ownership of the NOTE & MORTGAGE) at the time of filing.

See here:
http://ohiofraudclosure.blogspot.com/2011/04/ohio-supreme-court-justices-soon-to.html
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