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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A friend of mine filed chapter 7. It was dismissed because he filed too soon. He filed again and a stay was lifted to foreclose. But this time they were put in as unsecured debt. So if he goes in front of civil court, can't he file a motion to dismiss do to lack of standing because he filed in BK as unsecured debt? Also not to mention he will be discharged before hearing in civil. I think the attorney over looked the new Bk case. I don't think he read anything.

By the way this is an HOA foreclosure in Florida. And the Bank for his mortgage did not file any motions or come to the Creditors meeting. And that (mortgage) was also filed as an unsecured debt.

Any insight will be appreciated.

cmc
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    You mentioned it was the homeowners association foreclosing. If that is
true, the next question would be "is the property homesteaded?". If so,there
are only three ways it can be foreclosed, a mortgage, a property tax lien, and a mechanic's lien. It can not be foreclosed for a condo or homeowner
association lien. All they can do is get a money judgement and do a sheriff
sale on other property. Of course, if he doesn't bring this up to the Judge,
it will get foreclosed. I hope this info helped.
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Mike H,

Great info. The home is homesteaded. We are in Florida. Do you know of any sample motions I can follow for this situation? I am trying to help him out. It would be appreciated. Thanks....

cmc
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