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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Stephen
I've filed complaints recently with the Calif. State BAR against my attorney who just sat there in court mum and did not present any of my evidence, and also with HUD, to report the lender's robbing me of monies for "Missed payments"  I didn't miss and inflating the payoff by at least 20K when I sold my home to prevent the false foreclosure.

It was 10 years ago and both orgs. came back with time limits (BAR - 5 years, HUD - 1-year) but they are willing to make exceptions for cause.

I requested the time limits to be excepted for the following reasons:

1.  Time does not erase a crime

2.  I filed a number of complaints with the AG, FTC, my Congressman, the BBB, the DOJ, the Commission On Judicial Performance and others well within the statute of limitations, actually all within a few months of the corrupted trial.  Failure to act by all except the FTC is beyond my control.

3.  If fraud upon the court occurred, which I am certain it did, there is no statute of limitations applicable and it is reasonable to expect answers regarding the corruption of the trial, even 10 years after the fact.

4.  Rule of continuing torts - If one continues to suffer......(I know the rule relates to active acts after the fact, not passive).

5.  The FTC acted directly upon the evidence I produced, which resulted directly in a Cease and Desist Order against the bank, which substantiates Fraud Upon The Court.

6.  Awareness of fraudulent foreclosures was minimal to non-existent in the year 2000 and is just now coming to light.  There was no way I could educate the judicial system as to it's ignorance within the specified time frame and the judge refused an ex parte shortly after the trial.  I cannot be held responsible for judicial ignorance.

7.  I was preoccupied with the extraordinariliy harsh financial condition the corrupted trial rendered, namely learning how to be homeless and deal with severe depression as a result of total disillusionment with the legal system.

8.  I was not aware at the time that attorneys bribe attorneys and that judicial corruption was not uncommon.
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Digger
Stephen, you raise a very interesting issue and one that needs to be discussed.  

I have read some cases that state the limitations period begins to run at the time of the last overt act.  One could argue it is today's fraud that keeps you from going back to your home TODAY.

Some say the statutes begin to run when the person first has knowledge.  As you know, we (homeowners, investigators, law enforcement and government) are still learning how this criminal enterprise operates, and we find NEW evidence and information all the time now.  

If extrinsic fraud was used to prevent you from properly asserting your rights, then you should be able to go back and reopen up that case.  If a party used fraud to obtain a judgment against you, or the court did not have jurisdiction over the subject matter or parties, that judgment is VOID, and any other act emanating out of that VOID judgment is equally void.  Moreover, a void judgment is void even before reversal, meaning you do not need a court to rule that it is void, it already is void.  In essence, a void judgment is always void and if you can later prove through new evidence that the judgment is void, you should be able to reopen your case.  I want to see people take this new evidence that we are now obtaining through investigations and depositions and use it to get their judgments vacated and get their homes back.   We now can prove MERS never had standing to foreclose in its name.

The problem is, ALL OF US have all been forced to act on VOID JUDGMENTS!

My opinion is supported on the following cases:

A "void" judgment, as we all know, grounds no rights, forms no defense to actions taken thereunder, and is vulnerable to any manner of collateral attack (thus here, by). No statute of limitations or repose runs on its holdings, the matters thought to be settled thereby are not res judicata, and years later, when the memories may have grown dim and rights long been regarded as vested, any disgruntled litigant may reopen old wound and once more probe its depths. And it is then as though trial and adjudication had never been. Fritts v. Krugh, Supreme Court of Michigan, 92 N.W.2d 604, 354 Mich. 97 (10/13/58).

Void judgment. One which has has no legal force or effect, invalidity of which may be asserted by any person whose rights are affected at any time and at any place directly or collaterally. Reynolds v. Volunteer State Life Ins. Co., Tex.Civ.App., 80 S.W.2d 1087, 1092One which from its inception is and forever continues to be absolutely null, without legal efficacy, ineffectual to bind parties or support a right, of no legal force and effect whatever, and incapable of confirmation, ratification, or enforcement in any manner or to any degree. Judgment is a "void judgment" if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process. Klugh v. U.S., D.C.S.C., 610 F.Supp. 892, 901. 

U.S. Supreme Court

HAZEL-ATLAS GLASS CO. v. HARTFORD-EMPIRE CO., 322 U.S. 238 (1944)

322 U.S. 238

HAZEL-ATLAS GLASS CO.
v.
HARTFORD-EMPIRE CO.
No. 398.

Rehearing Denied June 12, 1944 

Hazel-Atlas commenced the present suit in November, 1941, by filing in the Third Circuit Court of Appeals a petition for leave to file a bill of review in the District Court to set aside a judgment entered by that Court against Hazel in 1932 pursuant to the Third Circuit Court of Appeals' mandate. Hazel contended that the Circuit Court of Appeals' judgment had been obtained by fraud and supported this charge with affidavits and exhibits. 

The judgment is reversed with directions to set aside the 1932 judgment of the Circuit Court of Appeals, recall the 1932 mandate, dismiss Hartford's appeal, and issue mandate to the District Court directing it to set aside its judgment entered pursuant to the Circuit Court of Appeals' mandate, to reinstate its original judgment denying relief to Hartford, and to take such additional action as may be necessary and appropriate. 

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William A. Roper, Jr.
Sara:

If you WON your foreclosure defense lawsuit and then found that your property was taken away instead by an Indian tribe with an ancient claim to your land, perhaps a two hundred year old Seminole claim in Florida or Cherokee claim in Georgia, or, perhaps, a three hundred year old Tuscarora claim in North Carolina, or a four hundred year old Powhatan claim in Virginia, you would be a rather ardent supporter of limitations.

The World is filled with injustice.  We do what we can to right these wrongs.

But if you think that life would be better in a world without limitations, all I can tell you is that you fundamentally misunderstand both economics and the necessary and sufficient conditions for commerce.  NO ONE would ever build a large industrial plant or a shopping mall if they couldn't be secure in their title.  And do not think for a moment that this could be overcome by title insurance.  No title insurer could exist and no insured could afford a title policy in a world where settled matters could be any time relitigated forever.

Your standard of living would be a fraction of what it is absent our legal framework, which makes commerce possible!  America did not become great by accident.  Our nation was founded on economic as well as political freedom, but a fundamental underpinning of those freedoms and central to our commerical success was a well thought out body of English common law.

When you see that law corrupted, you need to become politically active and throw out the corrupt judges and politicians who are at the root of the problem.  Throwing out the well settled and successful legal framework would be throwing the baby out with the bathwater! 
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Stephen
When one continues to suffer as a result of wrongdoing by another, and clear evidence of that wrongdoing is presentable, no time limits should relieve the perpetrator from their responsibility.

Mortgage lenders rely on the 2-year statute, stall and delay as long as possible to take advantage of it and know they're home free if they can win the time game.  This has to stop.

I recently got a call from HUD, and they are willing to consider opening a case against my lender, even though they have a 1-year rule, if there is reason for an exception.

Also, if your lender extorts money from you, that's Grand Theft and, according to a lawyer I spoke with yesterday, a felony is not sub ject to Statute.
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Stephen
Regarding the above, let me clarify that I did not "Sit on my hands", nor make any "Mistakes" as I filed suit immediately.  The problem was that when I went to court the judge did not review any of my evidence, nor did my attorney present my evidence of wrongdoing by the bank.  The judge was clearly and visibly predisposed in favor of the bank from the first five minutes of the trial, indicating that he had been tainted prior to trial.

I held all the cards, yet I cam out of court with a judgement against ME! 

-Attorney advised against an appeal

-Judge refused an ex parte

-Complaint against Judge with Commission On Judicial Performance resulted in no action.

I did not sit on my hands, but filed complaints with every organization known to the law, from the DOJ to the State AG, to the FTC, BBB, CRAs, Congresswoman and many more.  It took the FTC 2 years to complete their investigation.

What the hell else can a person do?  Just give up?  Not me.
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Stephen
William.

"Sit on my hands" implies I did absolutely nothing to fight the injustice.  Read my first post.  I went for validation from the highest source for ammunition immediately.  I had no control over the amount of time it took that source to act.

I have been informed by the BAR and HUD that the time limits "Can be excepted".

Whether the arguments hold water or not, I am not giving up.




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William A. Roper, Jr.
Stephen:

When your attorney fails to make your arguments or to present your evidence, your case is eviscerated.  There ARE legal recourses, to include filing a timely motion to vacate and appealing.  When the deadlines to do these things passes, your options are extremely limited.

IF the problem was the ineptness, incompetence or misconduct of your attorney, then one avenue of recourse is a malpractice suit.  But these can be very difficult to bring and to win.   And malpractice claims ARE subject to limitations, which are probably too short in most places.

Complaints to regulatory or disciplinary authorities do NOT toll limitations in ANY jurisdiction of which I am aware.

I think that faced with a very tough situation, you made some BAD CHOICES.

Once you saw the poor performance or non-performance of your attorney in court, you should have immediately dismissed him and retained another different attorney.  In failing to do so, you allowed his poor courtroom performance to be compounded by his bad counsel as to getting the judgment set aside or appealed.

*

I have very often been sorely disappointed at the work of attorneys I have hired in decades past or whose work I have witnessed or observed.  This is a key reason I represent myself pro se.  I can readily afford an attorney, but I choose NOT to hire one.  But I do not recomend this strategy to others less acquainted with the law. 

I recall recommending an Ivy educated college classmate who was an attorney to another friend who needed representation in a legal dispute she was having with a real estate broker who had obtained for her a tenant for a house she owned.  The tenant soon defaulted on the rent.  I subsequently learned (a) that the tenant was an employee of the real estate broker who she paid to obtain the tenant, (b) the tenant was presented to my friend using a false assumed name (alias) and without any credit check, (c) the tenant was moved into my friend's house directly upon being evicted from another different property owned by another client of the same real esate broker.

I thought that my friend had a very strong breach of duty suit against the real estate broker.  When I attended the trial, I was very disappointed that the attorney friend appeared unprepared and failed to present these arguments in a compelling way.  My friend LOST her suit.

Maybe the judge was corrupt.  Maybe the broker got the case fixed.  Even with the poor presentation of the case, I still thought that my friend should have won.  I was very disappointed in the attorney and have since been very cautious in recommending even people that I know and otherwise like or respect.

In considering the lawyer's preparation, there was probably another aspect at play.  The amount in dispute, several months rent on the property, was in the few thousands.  It was an amount that many would not litigate over.

I had encouraged my friend to litigate, in large part because I was outraged at the brazenness of the both the ethical and fiduciary breaches by the broker.  Most attorneys probably would have told my friend that it was uneconomic to sue over this matter.

I believe that my attorney friend believed that he was doing me a favor and doing my friend a favor taking this case.  And I think that he was endeavoring to keep the costs really minimal.  But there is a point beyond which when you cut corners and minimize time that you fail to master the material! 

I do NOT know what your attorney's disfunction was.  Whether it was incompetence, laziness, or corruption is unclear.

But we each get only a certain number of bites at the apple.  You had your trial.  You ELECTED not to seek an appeal. 

I wish you the very best.  If you can find a persuasive argument for tolling that anyone will buy, good luck!  I just find little in your story that persuades me that either you have a valid basis to reopen the matter or that existing laws relating to limitations ought to be altered in some way to accomodate your now decade tardy persuit of a remedy.
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Stephen,

I can definitely relate to your FRUSTRATION! BILL, I LOVE U MAN! YOU ROCK WITH YOUR KNOWLEDGE.

That said, while I understand the tolling of time. How can what has happened NOT MATTER? If we go ROB A BANK WE'RE IN JAIL! NO IF AND'S OR BUT'S! But Try to point out who is the ROOT CAUSE of the inner destruction of our courts and your had!

Try to STOP such a TRAVESTY and YOUR FRIVIOLOUS! Give them a way to STOP THE MAYHEM everything one has is STOLEN! There should be NO IMMUNITY FOR THEFT OR FRAUD! PROVE their FRAUD AND THEY RECUSE! I understand banking well and their on the TAKE!

TIME IS HERE AND NOW! I'M NOT A ROLLOVER DEAD WANNABE BANKER! I'M A TRUE BANKER! AND THEY ARE ROBBING PEOPLE BY BLIND TRUST! The last thing anyone would ever want to believe is what they have faced in our courts today. Don't think any of these people they promote as GOOD FOR OUR FINANCIAL SERVICES DIVISIONS IS! The theft is High!

It does include fraud in the origination of a debt. It includes so many errors they can't comprehend what they've done so they just turn a BLIND EYE WHILE THEIR BLIND TRUSTS ARE MAKING THEM ALL THE MONEY! Let's be real...Object to it and your made out to be a loser regardless of how many times you could of had your bill paid w/o a court settlement if they just did PROPER BUSINESS! YET here we are with such a CORRUPT BANKING CARTEL within our justice system only a few get anything comparable to justice.

Even if you get a recusal from two separate judges to show that the court does believe in your services and honesty and deserve some impartiality instead of bias it only takes another corrupt judge to continue the theft of yet another home.

Fight to get these kind of stories out there so maybe someone WAKES UP and your ridiculed, not helped, made out to be a hard luck story regardless of everything you've done to prove your not. Well in me they've met a match that started many years ago to my new knowledge. Just didn't realize the heritage I came from. People will know that I know who I am when I'm done and the horrible travesties they put upon the AMERICAN people....

 
The people who have conspired to COVER UP THE STOLEN HOMES, STOLEN SAVINGS OF PEOPLE. People have HAD IT! POINT THE FINGER! THEY DO! MAKE THEM ANSWER FOR THEIR HORRIBLE UNCALLED FOR RULINGS!
 
QUESTION THE COURTS BIAS AND IMPARTIALITY! BE FAIR OR GET OUTTA THE COURT ROOM IS WHAT I SAY! They are suppose to be COURTS OF EQUITY. Not just for bankers to rob people blindly!
 
In my own case I should of been considered a whistle blower. Instead all I've found is corruption all around. I did and will continue to point it out as well. People need to know their attorney will sell them down the river most of the time! That alot don't give a dam about the false evidence and have endorsed it instead of fight it being put into the courts.

 

The origination fraud is just one part. The servicing is another. These agencies really don't want collectors to have adequate tools to do their job. They do encourage collectors to break the law.  What I know is from 1st hand experience in this industry. I've still got paycheck stubs and the evidence of the bs that started alot of all this. Not only do they not know who owns the note they don't know who has the right to sell what and will outright lie lie lie! So I'm a bill collector who wants to pay their bills.
 
I feel until I'm given a real banker with Capabiltiy to make REAL MONEY MOVING BUSINESS DECISIONS THAT I WON'T BE SILENCED.
 
U know Bill the SCUM SUCKING manager I used to have I found out filed a chp 7 previously, is behind on child support, has a $40,000 federal tax lien, and a mortgage loan with Chase to boot!
 
People need to hear THE TRUTH! Shapiro & Attorneys are BAD NEWS FOR EVERY AMERICAN! So are the major banks, attorneys, judges, title companies, loan companies. None of them want to take the blame. But this is the root cause of our diaster as well.

NO ONE for the most part is even given the "Benefit of Doubt" in the courts today. That's not what MY OR OUR CONSTITUTION STANDS FOR! For everyone that doesn't know what I know is who I'M STANDING UP FOR.
STEPHEN,  have you pulled up previous rulings by this judge? Have you reviewed the outcomes vs what was put into the record? Has there been other people that've questioned this JUDGES IMPARTIALITY?
 
For the record I know they hate having actions taken against them. But I know of NO ONE WHO WANTS A STOLEN HOME! To have your attorney sell you out as a loser sucks! Trust me I know! So you have to find some leverage and organize a decent complaint that stays on target. To paint the PICTURE. You didn't make his rulings he did. Maybe even becoming a paralegal is a necessity for several people. Maybe new laws need to be written to fight the GANSTER BANKERS!
 
Its amazing to me that the TRUTH is REASONABLE to at least two separate federal judges then another gets to act as corrupt as the 1st! Maybe they should teach all Americans to be attorneys thru out school so NO ONE CAN ROB THEM BLIND!






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Stephen

Never give up!!!!!  I don't give a damn what the law says, a wrong is a wrong and you should never stop pursuing justice.

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