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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Sandy
If anyone wants to know about recording conversations with servicers or others, you might find this state-by-state information helpful. Based on my cross-referenced research for the states relevant to my case, this information appears to be current, but be advised to verify by checking your specific state laws for any recent changes.

http://www.aapsonline.org/judicial/telephone.htm

Be sure to read the first paragraphs about interstate calls.




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FnDoomed
A possible related tidbit...

I read somewhere that while recordings may not be admissible, transcripts of conversations may be...
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I also heard that written transcripts are admissible.  That is why we have heard people say keep good notes about dates, times, who you spoke with, the tone of the conversation and what was said.  If it is a company chances are they have the transcript of what was said and you can subpoena those. 

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FnDoomed
I was kind of angling at 1) Record your calls and then 2) Have a transcript made, but subpoenaing the other side's sounds good too.
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I believe trying to get a written transcript entered into evidence would be subject to the hearsay rule. 

Most automated phone systems warn the caller that the conversation may be recorded for quality assurance, which in itself is a joke.  If you are in a two party state I think you may be okay if you announce at the very beginning of the call:  “You do understand that this call is being recorded, correct.”  Assuming the customer service person utters something to the affirmative I think you will be covered and the recording could be entered into evidence.

Just be sure to start the recorder so you catch their warning.

Maybe someone with more legal savvy will chime in.

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FnDoomed
They will always verify your identity before proceeding.  When you've told them enough that they consider your identity verified, they go on to say "This is a call to collect a debt and may be recorded for quality purposes.  Are you ok with that?"

"As long as your OK with me doing the same YOU MAY PROCEED".

If they just start talking then you have a basis, I'd say.



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Bill
Rather than record phone calls, another interesting strategy is to request the Servicer's logs of activity in Discovery.  These are the logs entered into their computer that show the phone calls, what was discussed, documents sent, ect...

An example can be found in Koontz v. Everhome Case 10-03005-hcd
 
http://www.scribd.com/doc/51435233/Koontz-Bankruptcy-Order

While this is a great decision, especially on the MERS front, if you were to read the pleadings to this SJ in PACER, the log is attached as an exhibit to the homeowners SJ opposition showing the "flurry of activity" referred to in the Order.

Maybe a new MUST HAVE to add to the discovery list?

Let me know what you guys think.


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Bill
This is a link to the Servicer's Log I referenced in the prior post, in case some members of the Forum have problems with PACER. 

http://www.scribd.com/doc/51459222/everhome-log

If you read the log you will see what kind of information is documented in these kind of logs. 

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9-17-2009  Spoke to Layla at U.S. Bank.  She will scan the original note and send me a copy to see if there is a blank endorsement on it to forward to Vicki Kennedy.

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What the key here is to get the actual recording from the company, bank, etc that you are dealing with.  We all know that they record the call even if they do not say so.  It all depends on how good the notes are the person you are talking to takes.  For instance when I was behind on vehicle payments with Ford Credit I wrote the date, time of the call, who I talked to, the phone number, their extension number, what was said, the tone of the conversation (were they nasty, helpful, irritated, etc.), and the time the call ended.  When calling to check back with Ford Credit about something that had been discussed earlier, sometimes they would say "I don't have a record of that call"  They would be stunned when I could give the details that I described above.  So either the person was lying to me or there were no notations.  Not everyone has the capability to record, but doing so makes it a lot easier.  I know that it could be he said/she said thing.  The other side would have a harder time proving you are lying if they had to produce the recordings or verified transcripts from those recordings.  Interesting topic.   

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Timmy

If they say they may record the conversation does that mean they have given consent for you to recorded the call also.

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