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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Regardless of whether you opted in or out of USA/Curry v. Fairbanks back in 2004 or if you have been dealing with Fairbanks Capital Corp./Select Portfolio Servicing after the class action settlement I'd like to hear from you about your experiences in dealing with the company.

Drop by my website for a more complete explanation of why I'm looking at their "Best Practices" violations and if you're interested, drop off your info.

Mike Dillon
http://www.getdshirtz.com
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Mike,
 
I visited your website and read your story. And read the story about the illegitmate practices of this lady that befriended you. I can't believe the outrageous prices she charged you.
 
However, your post is vague about your circumstances that brought on the foreclosure. There are key questions to this scenario...Granted they tried to foreclose. But were you behind? How is it a illegal forelosure attempt? What is the Value of Property? The amount of liens? Lienholders?
 
What is your financial outlook right now compared to then? Obviously something had to occur to make them want to foreclose. It doesn't matter who the lender is. More than likely they all should be sued for some type of fraud!
 
Other main ??? are how will you feel most vindicated? How long can you wait out? As I'm sure you've realized it's a hard fight...They need to pay dearly. But in my case I think I may be able to get them to sign off on relasing note for a reasonable discount. But then there's no vindication like making them pay big! As why should they be let go of cheaply? Every person who attempts to do right doesn't get off cheaply if their home is taken by real illegimate practices! My case alone could include ARGENT, HOMEQ, WACHOVIA, OPTION ONE, WELLS FARGO. I say this because I've been told all of these could of owned my note so Homeq and their attorney has told us.
 
I know for a fact this (your) servicer discounts their notes. Or they did a couple of years ago? I could verify if you'd like. But before considering this something to think about is have you been able to keep up with your first? Or is your first the one their foreclosing for? How is your credit besides this?
Do you have a sustainable income if this situation can be overcome?

From the sounds of your post you may. But who knows? I understand alot of what you've gone thru and am facing the same battle against Homeq. I posted it last night...

If you need any assistance please respond via email at jewels63366@yahoo.com  I won't mislead you. If I can't help I'll tell you so. I only have something to gain if I accomplish assisting you in your task. I've found most attorney's are dumbfounded about such things.
 
Which is quite frustrating! It's turning me into something I thought I'd ever be a desperate mother of four looking for a job to sustain my family from home. I'm not some weasel out here trying to suck the blood out of people...But I've always been taught honesty is the best policy. Even my lenders forelcosing attorney acknowledged this when he recieved the blank assignment document and could of filled it in to whomever he wanted but knew his law license means more to him than that.
 
So there are still some knowledgeable, honest people out here! Surprisingly enough! There has to be away to get them to quit taking everyone for a fool just because their some big large financial corporation.
 
In my case I feel if proper protocols were in place even at the county level they should of had to not only show original deed to foreclose but my assignment as well. So it's more than just the mortgage companies! It all becomes so political it seems...More overwhelming than you could imagine.
 
Why not make the person whose forelcosing verify everything by outside source outside of their offices or the attorneys they hire? It could stop alot of these idiots in their tracks with their schemes of illegal business practices.
Whether or not in this situation there seems to be no regulation on so called credit counselors...Usually people work everyday just to get by..Whether they rent or own. And so many people get the shaft the majority of the time.  It's pretty sad.
 
 So for my mother in law who doesn't understand my compassion in trying to help someone with the job I've attempted to do to help them is beyond me...It wasn't all about just paying the bill to me...It was about respect and honesty. We all have to face the reality life isn't perfect. But if you look for the best outlook and keep going that way what else can you do?
 
Just make sure you stay positive in your endeavor I suppose. Which is hard with the cost of everything today. I don't think any AMERICAN gets up everyday without the worry of knowing they have to provide for their family somehow.


Best of Luck!
 
Kathy


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O -
Taking on an industry
Concord Monitor - 17 hours ago
Dillon believes he has been the victim of mortgage servicing fraud - a scheme to collect extra revenue from unwarranted late fees, insurance the homeowner may already have, and illegal foreclosures.

 Great Job Mike!
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Threads like this need to be all in one place, is there a way to do this?
 
So it wont be so hard to find everything you need regarding a company.
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I was once a victim and had a long story on them from the beginning when it started out with Contimortgage then Fairbanks then SPS and its been a horror since 1996 .I have been away from them almost 2yrs and I feel they owe me a lot.I was also in the opt out and have a long story.

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Same here..

I was once a victim and had a long story on them from the beginning when it started out with Contimortgage then Fairbanks then SPS and its been a horror since 1996 .(1998 for me)I have been away from them almost 2yrs and I feel they owe me a lot.I was also in the opt out and have a long story.
My home was stolen in 2003 - long story that no one would listen to and no lawyer would touch.
All these bastards owe MY CHILDREN.
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Add one more:  "OPT OUT"

I opted out, with intent to sue.

Gene
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srsd

I think anyone is crazy not to OPT OUT.  You are looking at around $200-$4000 most in a settlment. Has your time and worries and the toll it has taken on your family and health been worth at the most....$4000??

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This is Mike's finacee Jenna. As I let everyone know in the thread about Clinton, Mike's mom ended up in the hospital over the weekend or he would be contacting you himself. The Modified Stipulated Judgment that came out recently doesn't do all that much if anything to fix what was wrong with the original settlement agreement & doesn't affect Curry at all, only USA v. SPS/FB, Basmajian. If you any of you are interested, you're more than welcome to leave mail at getdshirtz.com and Mike will get to it as soon things settle down a bit here.

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I hit reply & saw the post by SRDS, re: the modified stipulated judgment. If I am understanding what I read correctly, the modified agreement  goes to "best practices". Since no one could opt in or out of "best practices" in the original part of USA v. Fairbanks, I don't think anyone will be able to this time either. But I could be wrong .....

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Me 2

Interesting reading for Fairbanks/SPS victims

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O -
Best Practices For Mortgage Servicing GetDShirtz.com

Fairbanks/SPS May Not:

 

  1. Fail to accept as of the date received all amounts paid in connection with a loan against principal & interest due, before crediting taxes, insurance or fees[1] unless the loan has been referred to foreclosure[2]
  2. Fail to accept or credit as of the date received, amounts paid in connection with the loan that are less than the total amount due unless the loan is in foreclosure[3]
  3. Misrepresent expressly or by implication any amount the consumer owes
  4. Misrepresent expressly or by implication that any fee is allowed under the loan instruments, permitted by lay or imposed for services actually rendered
  5. Misrepresent expressly or by implication the amount, nature or terms of any fee or other condition or requirement of the loan
  6. Fail to make disbursements of escrow funds for insurance, taxes & other charges with respect to the property in a timely manner.
  7. Charge for force placed insurance before, at no cost to the consumer, 2 written notices providing clear & conspicuous instruction on how the consumer may demonstrate that he/she already has insurance & providing 30 days from the first notice sent & 20 days from the second notice for the consumer to demonstrate coverage
  8. Fail to accept any reasonable form of communication from a consumer of an existing insurance policy, including verbal confirmation of any existing policy number, insurance company or agent name.
  9. Force placing insurance when they know or fail to take reasonable action to determine whether the consumer already has a policy in place.
  10. Fail to refund all force placed insurance fees within 15 days of confirmation of a consumer’s existing policy.
  11. Place a consumer’s loan in default, assess later fees, or initiate foreclosure proceedings solely due to consumer’s nonpayment of insurance premiums
  12. Assess or collect any fee unless it is for services actually rendered and is:
    1. expressly authorized & clearly disclosed by the loan instrument & not prohibited by law
    2. expressly permitted by law & not prohibited by the loan instruments
    3. a reasonable fee for a specific service requested by a consumer & only after clear & conspicuous disclosure of the fee is provided & explicit consent is obtained from the consumer & such fee is not otherwise prohibited by law or loan instrument
  13. Assess or collect any fees prohibited by FHA statutory, regulatory or written handbook requirement.[4]
  14. Impose any fee or take any other action that is prohibited by any state or federal law or regulation
  15. Impose any fee or take any other action that is prohibited by loan instruments or other contractual agreement with the consumer
  16. Furnish any information to the credit bureaus which they know or consciously avoid knowing is inaccurate
  17. Fail to promptly notify the credit bureaus when they have determined that information previously furnished is not complete or accurate.
  18. Fail to provide the credit bureaus with corrections or other information with respect to a consumers status that is necessary for the bureaus to make any corrections to the consumer’s credit report.
  19. Furnish any incomplete or inaccurate information to the credit bureaus.
  20. Fail to report accounts as disputed to the credit bureaus when a consumer disputes the account.
  21. Fail to comply in any respect to the FCRA as amended or may be amended in the future.
  22. Fail to comply in any regard with RESPA as amended or Regulation X including but not limited to:
    1. failing to respond in a timely manner to a consumer’s qualified written request
    2. fail to notify in a timely manner the consumer in writing of any assignment, sale or transfer of the servicing rights to a consumers loan not less than 15 days prior to the effective date of transfer
    3.  fail to notify in a timely manner the consumer in writing of any assignment, sale or transfer of the servicing rights to a consumers loan not less than 15 days after the effective date of transfer
    4. impose a late fee during the 60-day period beginning the effective date of transfer
    5. fail to protect a consumer’s credit rating
    6. fail to make timely escrow payments for insurance, taxes & other charges
    7. fail to provide annual escrow statements that clearly itemize payments for insurance, taxes & other separately identified charges
  23. Fail to maintain & provide adequate staffing of a toll-free phone number & address that are specifically dedicated to handling consumer disputes or questions.
    1. phones must be staffed at a minimum every Monday through Friday between the hours of 7 am to 8 pm EST, national holidays excluded
    2. they must maintain the number for 10 years from the date of the order
  24. Fail to acknowledge in writing any consumer disputes within 20 days after receiving it  and:
    1. Fail to complete an investigation of any consumer dispute within 60 days of receiving it[5]
    2. Fail to advise the consumer promptly & in writing the result of the investigation of the dispute, unless an oral dispute, within 20 days after receiving it
    3. Take any legal or other action to collect the disputed amount or any related charges until the dispute has been investigated & the consumer informed of the results of the investigation
    4. Threaten the consumer credit rating or reporting the consumer as delinquent based on the disputed amount until the consumer’s dispute has been investigated & the consumer informed of the result of the investigation
  25. Assess or collect any late fee or similar delinquency charge on a monthly payment when the only delinquency is attributable to late fees.
  26. Assess or collect any late fee or similar delinquency charge once a loan has been accelerated into foreclosure status

/////////////////////////////////////////////////////////////////////////////

This above is just part of the Best Pratice

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East Bay - News

East Bay - News - Stolen Property? A need to read.

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Kathy
This is very similar to what happened to me... imagine that.
The Chap.13 bankruptcy part has always bothered me - was mysteriously dismissed even though I had made every payment.

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Digger
Kathy:

Read the Ohio federal court decisions. (Boyco, Rose and O'Malley)  I can almost guarantee (from your timeline and the crooks involved), that none of them had your note and therfore NEVER had standing to sue.  You were duped and the courts were a MAJOR player.  Reversible error exists IF you can find an attorney with a moral compass.  Threats and payoffs determined the outcome in your case.

Our day is coming soon.  The media is going to be asking courts WHY they have been allowing all (most) of these forclosures to go forward when the crooks had fraudlulently invoked the jurisidiction of the court.  They are imposters.

Judges have a DUTY to insure the proper parties are before the court.  Your opponents were trespassers on the court and without proving ownership - by presenting the ORIGINAL note- the court had a DUITY to dismiss the forclosure and held a trial on YOUR substantial damages. 

Your home is yours, unless, someone can come forward with the ORIGINAL note you signed in ink that has your finger prints on it.  Be careful, high quality printers can make it look like the real deal.  Forgeries abound with this scam. 

The question of standing (jurisdiction) may be raised at any time. Check on that.
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Digger It is too late for me. I have been out of my house for 4 years now.
I knew about the fraudulent note thing way before I was thrown out but when I tried to pursue it everyone thought I was crazy. There is no way i can find a lawyer to help me now. I am not even in Ohio. I gave up - I was going crazy and so were my kids. I finally realized that the mafia in Columbus is bigger than me.

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~beenawhile
We have two Kathy's here, that I know of and think there may be a 3rd one?

I think digger must have confused you with the 2nd Kathy; her story has titled fraud written all over it too, and very similar to yours, almost identical from what I've seen.

Title Fraud
Chpt. 13
Chpt. 13 discharged before the completion date.......


When each of the Kathy's only writes a couple of sentences, it is extremely difficult to tell which one is writing. I really can't tell the difference until at least a long paragraph or two. That's why you might be getting some different responses than you expected Kathy.

just my .02

Kathy, have any of the veterans of the board told you it was too late?
Do you know this for sure, according to the state laws?
I don't mean to pour salt into an open wound.

I just hate the thoughts for you ........ that all chances of legal action are over.

It makes me sick, to think that they got away with it. The damages your family has suffered incomprehensible. I'm so very sorry!






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Kathy,

Statute of limitiations can be a tricky issue.

check out this website for Ohio statutes discussion and descriptions.

http://www.expertlaw.com/library/limitations_by_state/Ohio.html#4

Probably, the biggest loophole would be the fraud.  They suggest
and use for example for a long delay in recognizing the fraud a will.
19 to 20 years later.

Ohio has the "when did you know there was fraud and also when
you should have known"

So if an opportunity arises, jump on it.  Be ready. 

I am not trying to give you false hope but rather encourage you to see
that statute of limitations is not necessarily a cut and dried issue.

The simple act of filing a lawsuit forces your opponent to set reserves
of the potential cost to settle a case.

Dee


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My problem was finding a lawyer with enough courage to take on the man behind my mess. I was told by a well known reporter in Columbus that I would never find a lawyer to go against "The Godfather" and he was pretty much right. I went to several who were all very interested in my case but once they found out who the players were they immediately backed out.
At one point I had to try to turn my energies a different direction. I have had serious issues with my kids due to this. Their lives were ruined and they blame me so all their anger has turned on me now. They are teenagers now 15,13,and 12 and still very pi**ed off. They have been displaced and have never recovered.

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I can understand all that.  Oops teenagers. 

They are not so Godfather like anymore.

We'd be better off dealing with the Godfather.

Dee


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~beenawhile
Dee, that was a great post about the statue of limitations.
It offers hope.



Kathy,

Dee, is correct, look at all the turmoil they "Servicers" & all the other crooks are going through right now.

You can guarantee that this is a ~HOT~ topic amongst the lawyers in that area right now.

Since Dee, has offered some hope for you with the Statues of Limitations, you might seriously want to re-consider the "giving up" part.

They are vulnerable and weak at this very moment, since someone in OHIO has finally gotten some uh......... !

Of course it is your life, and your choice as to how you want to live it.
But I woulnd't give up  A SECOND CHANCE to nail them to the wall! EVER!

Living a life of fraud sucks, no doubt about that.

I wish you well, and if you decided you want to pursue their theft, keep us posted and fill us in.

Good Luck with your choice,
~beenawhile

(Kathy,







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~beenawhile
Kathy,
if the post above sounds witchy or rude, please know it was not directed at you. or your choices.

I've taken a break from something I was working on and I'm just a little ticked right now. Again, it's not you.
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ABC News: 'Bankruptcy Bootcamp' 
 
Hey Mike, Great Job Getting the word out about Mortgage Servicing Fraud!  May the Best of Luck Be with you guys in your battle with Fairbanks Capital.
 
I'm sending some info and document to some of the people running for President 2008.  We need to be working on them, THE TIME IS RIGHT!
 
 
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Who's The Boss?
Blog Blog Blog!


NYSE's John Thain to lead ailing Merrill Lynch - The Boston Globe
John Thain must guide Merrill through an unfolding credit crisis. ... Thain - also thought to be a candidate to become chief executive of Citigroup Inc. ...
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Ha! Citi still looking for New Sucker for President!!!

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Investors Worried

Heard on the Street - WSJ.com

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Who's On First?
 
[PDF]

U S B C D N H

File Format: PDF/Adobe Acrobat - View as HTML
It appears that neither GMAC nor Harmon Law Offices has taken any further action with .... there is no question that Capstead, GMAC, and Harmon Law Offices ...
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WTF? FEE'S
*REO Marketing

Orser v. Select Portfolio Servicing, Inc., 2:05-CV-01507 (W.D. Wash.)

Plaintiff’s Counsel: Mark A. Griffin, Keller Rohrback, L.L.P, 1201 Third Avenue, Suite 3200, Seattle, WA 98101.

Summary: Plaintiffs allege that the mortgage documents executed by Plaintiffs do not permit Defendant to assess charges in connection with the payoff of the mortgage loans. They allege that Defendant included fees in the sum of $50.00 that were entitled “payoff statement fee” and that the class members paid the fee “in order to obtain a reconveyance of the deeds of trust or satisfaction of mortgages serviced . . . by Defendant.” Plaintiffs further allege that Defendant charged class members recording fees that exceeded the actual cost of recording the reconveyances of deeds of trust or satisfactions of mortgages. Plaintiff seeks to certify a nationwide class based upon Defendant’s alleged breach of contract and unjust enrichment and a sub-class of Washington state residents based upon alleged violations of the Washington Consumer Protection Act. Plaintiff also seeks injunctive relief.

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Yep, this happens.

About 30 days after I paid off my loan, I received a bill from Fairbanks
for $35.00.  No explanation, I just owe them $3500.

So, I copied their letter and sent a short cover letter back to them.

Dear Fairbanks,

Enclosed is the letter you just sent me asking for $35.00 and no explanation.

Before I consider paying it, what's it for?

Dee

Suspiciously, the same amount as a late fee they had reversed some time ago.

My EVP wrote back, it was a reconveyance fee and he waived it.

Dee


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NYBA

What Attorneys Dealing in Subprime Need to Know?

Kerri Panchuk | 01.02.08

The New York City Bar Association has organized a seminar for the benefit of default servicing attorneys who will inevitably find themselves dealing with the many legal and ethical issues surrounding the subprime lending crisis.

The New York Bar Association says its seminar, titled “Ethical Issues in the Subprime Mortgage Lending Arena: What Lawyers Need to Know,” will cover everything from the fundamental differences between subprime lending and predatory lending and the legal steps lawyers should follow when detecting fraudulent practices on the part of their clients.

The seminar will be held on Thursday, Jan. 31, 2008 in New York City. For more information, you can visit the following Web site, http://www.metrocorpcounsel.com.

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