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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Blossom
Suit claims Fidelity abuses homeowners

BusinessWeek - The Associated Press - January 23, 2008, 2:55PM ET
 

Homeowners have sued Fidelity National Information Services Inc., a giant financial data-processing company, accusing it of raising the price that cash-strapped consumers must pay to avoid foreclosure of their homes.

The lawsuit, filed Jan. 16 in the U.S. Bankruptcy Court in Houston, contends that Fidelity has conspired with mortgage-servicing companies and law firms to "add to the indebtedness" of homeowners by tacking on secret fees that remain undisclosed for years.

"The fees the Fidelity-controlled law firms charge in Chapter 13 bankruptcies are inflated by 25 percent to 50 percent," the lawsuit asserts. The law firms, it says, then "kick back" the extra amount to Fidelity under a formal agreement under which the law firms' fees are set. "Fidelity keeps its role, as well as the kickback, hidden from the courts as a matter of systematic policy."

A spokesman for Fidelity, Michelle Kersch, said Tuesday that the "lawsuit is without merit, and appears to be an attempt to profit from the current wave of anti-lender sentiment created by the increase in subprime mortgage foreclosures." She denied the kickback and fee-sharing allegations and said the company is "eager for its day in court."

The lawsuit involves the Jacksonville, Fla., company's "default management services" business, which handles bankruptcies and foreclosures for mortgage companies. That business has accounted for much of the recent revenue growth in Fidelity's lender-processing-services operations, according to filings with the Securities and Exchange Commission.

Fidelity counts Washington Mutual and Bank of America among the biggest clients of its default-management services. The company says it handles default mortgage servicing for 22 of the top 25 residential mortgage servicers, and 13 of the top 25 subprime servicers.

According to the lawsuit, Fidelity and its default-management business are "merely middlemen who, in effect, sell the legal business of their mortgage-servicing customers, and secretly control and direct counsel who appear on behalf of those mortgage-servicer customers."

That, the lawsuit says, runs afoul of bankruptcy court rules requiring the disclosure of fees and ethical rules banning fee-splitting by lawyers, a practice in which law firms pay for client referrals. Kersch, the Fidelity spokeswoman, said law firms don't pay kickbacks, but they do pay to access the company's Web-based technology, which gives them data on a particular mortgage.

Fidelity contracts with law firms, cited as evidence in the lawsuit, show that lawyers who sign on to service Fidelity's mortgage clients are allowed to charge $300 to start foreclosure proceedings against a consumer in Chapter 7 bankruptcy. If it's a Chapter 13 case, the lawyer can charge $400 for filing the motion to start foreclosure. Fidelity gets $100 from the lawyers who file the motions, whether it's a Chapter 7 or a Chapter 13 case, according to its "network fees for services schedule.



Quote 0 0
Hmm...What's Fidelity's Jacksonville, Fl address?

This wouldn't have anything to do with the fact that Fairbanks/SPS uses/has used Fidelity's Mendota Heights, MN address for business purposes would it?
Quote 0 0
Blossom

Headquarters

Fidelity National Information Services
601 Riverside Avenue
Jacksonville, FL 32204 USA
General Information: 904.854.5000
Toll-free (U.S. only): 888.323.0310

Quote 0 0
Nye Lavalle
MANA FROM HEAVEN!!!!
Quote 0 0
http://www.montcalm.org/TAXWEB/viewparcel.asp?PELNUMBER=014-640-005-00
THE BANK OF NEW YORK
1270 NORTHLAND DR STE 200
SAINT PAUL  MN   55120

http://www.tampagov.net/CEBAgendas/20071001.pdf
 WELLS FARGO BANK NA TRUSTEE
 1270 NORTHLAND DR SUITE 200
 MENDOTA HEIGHTS, MN 55120
 INSPECTOR: Eddie Prieto  274-5545

 DEUTSCHE BANK NATIONAL TRUST
 1270 NORTHLAND DR STE 200
 MENDOTA HEIGHTS, MN 55120
 INSPECTOR: RANDEL SMITH 274-5545

http://www.newspapernotice.com/details.aspx?id=1889632
Current Beneficiary: MERS as nominee for Aegis Mortgage Corp Care of / Servicer Aegis Mortgage Corp/Fidelity C/O Fidelity National Foreclosure Solutions 1270 Northland Drive. Suite 200 Mendota Heights, MN 55120

http://www.geodetix.com/ftp/APPRAISAL_INFO_SAMPLE.TXT
BANK ONE NATIONAL ASSN TRUSTEE
1270 NORTHLAND DR STE 200
MENDOTA HEIGHTS MN 55120

http://ao.lackawannacounty.org/details.php?mapno=14204010007

DEUTSCHE BANK NATL TRUST CO

1270 NORTHLAND DR SUITE 200
MENDOTA HEIGHTS, MN 55120  


http://www.stpete.org/pdf/vacantandboarded.pdf
WELLS FARGO BANK NA  TRE
1270 NORTHLAND DR STE 200
MENDOTA HEIGHTS                MN
551201176

LONG BEACH MTG LOAN TRUST
1270 NORTHLAND DR STE 20
MENDOTA HEIGHTS                MN
551201156

DEUTSCHE BANK NATL TRUST CO  T
1270 NORTHLAND DR STE 200
MENDOTA HEIGHTS                MN
551201176

http://www.alsb.uscourts.gov/credclaim.pdf
HomEq Servicing Corp.
1270 Northland Dr., #200
Mendota MN
55120-   

IndyMac Bank-FSB;The Leader
Mortgage Co.
1270 Northland Drive, Suite 200
Mendota Heights
MN
55120-   

Saxon Mortgage; Homecomings
Financial
1270 Northland Dr., #200
Mendota Heights
MN
55120-   

http://madison-co.com/elected_offices/tax_assessor/display_parcel.php?pn=082I-29%20-007/02.29&street_name=v
FEDERAL NATIONAL MORTGAGE ASSOC
1270 NORTHLAND DR STE 200
MENDOTA HEIGHTS
MN 55120

http://gis.meridian.mi.us/assessing/details_process.asp?IDValue=33-02-02-06-378-004
JP MORGAN CHASE BANK
1270 NORTHLAND DR STE 200
MENDOTA HEIGHTS

MN  55120

http://www.co.bibb.ga.us/TaxBills/NFBill.asp?id=346133

BANK ON E AS TRUSTEE       
1270 NORTHLAND DR STE 200     
MENDOTA HEIGHTS MN 55120-

http://www2.county.allegheny.pa.us/RealEstate/General.asp?CurrBloLot=0079B00251000000&SearchBloLot=0079B00251000000&SingleResult=True
JP MORGAN CHASE BANK (TRUSTEE)
1270 NORTHLAND DR SUITE 200
SAINT PAUL, MN 55120

http://www.lehighcounty.org/Assessment/puba.cfm?doc=HeroesGrant_form.cfm&pin=640703621999&parnum=1
WELLS FARGO BANK NA 
1270 NORTHLAND DR STE 200 
MENDOTA HEIGHTS MN, 55120 

Contact Matrix and Team Breakdown of FIS Foreclosure Solutions, Inc.
operations for the month of December 2007


Quote 0 0

CSFB Asset-Backed Securities Trust Series 2003 HE-2 c/o SPS

Quote 0 0
http://www.dailycourt.com/bankruptcy.php/3:06-bk-30300/
  • Case #3:2006-bk-30300
  • Select Portfolio Servicing, Inc.
  • 1270 Northland Dr., Ste. 200
  • Mendota Heights, MN 55120

    http://bankrupt.com/misc/mowb07-42275.pdf
    Select Portfolio Services
    PO Box 551170
    Jacksonville, FL 32255

    Select Portfolio Servicing Inc.
    EQCC Home Equity Loan Trust SE
    PO Box 65450
    Salt Lake City, UT 84165

    Select Portfolio Servicing Inc.
    10401 Deerwood Park
    Jacksonville, FL 32256

    Select Portfolio Servicing Inc.
    1270 Northland Drive, Ste. 200
    Mendota Heights, MN 55120

    http://www.dailycourt.com/bankruptcy.php/3:05-bk-39314/
    Case #3:2005-bk-39314
    Select Portfolio Servicing, Inc.
    1270 Northland Drive, Suite 200
    Mendota Heights, MN 55120


    Quote 0 0
    Joe B
    Folks-

         Some additional clarity on FNIS. Almost all the major servicers use this platform or a similar platform for posting and processing payments. However, what makes this platform unique, is that it goes a bit beyond the basic "check-21" processing. They have made some interesting acquisitions as it relates to default and default related services, making them particularly attractive to the sub prime banks and servicers. It would not be a stretch to say that they catered to this market. I recall reading some time ago, that they have 11 of the to 15 sub prime servicers as clients.

         Here's a link to some data from Google Finance. Take a look at the officers, and see if any of the names look familiar... It's a $4B + public company, so there will be a great deal of data to 'discover.'

      
    http://finance.google.com/finance?meta=hl%3Den&q=Fidelity+National+Information+Services

         The suit is focused on bankruptcy in particular. However, I think that any of us that have been charged for "legal services" can attest to the rather 'curious' amounts and nature of these fees. I think this suit may shed some light on this issue!

    JB

    Quote 0 0
    A RICO lawsuit was filed against various Fidelity entities, HSBC, MERS and their law firm last year in Fed Court. Here is caption:

    UNITED STATES DISTRICT COURT
    SOUTHERN DISTRICT OF NEW YORK
    ---------------------------------------------------------------X

    CHRISTOPHER SCHUH and DIANE SCHUH,

                    Plaintiffs,

            -against-

    DRUCKMAN & SINEL, LLP; HSBC BANK USA, N.A.; HSBC MORTGAGE SERVICES; ; MERSCORP, INC.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS; FIDELITY NATIONAL FINANCIAL, INC.; FIDELITY NATIONAL DEFAULT SOLUTIONS; DORY GOEBEL; MARIA OLIVARI; EDWARD C. KLEIN; HSBC-DOES-1 to 4; FIDELITY DOES 1-4; RICHARD ROE-1 to 10; the DOE and ROE names being fictitious names, the real names of said defendants being presently unknown to plaintiffs, said fictitious names being intended to designate persons and/or entities who are acting in concert with the defendants,

                    Defendants.

    ---------------------------------------------------------------X        

    Index No. 07-CV-366
    (Judge Kaplan)

    AMENDED COMPLAINT

    PLAINTIFFS DEMAND
    TRIAL BY JURY


    Get complaint for details and any lawyer or law firm wanting complaint, please contact me.



           

    Quote 0 0
    Blossom
    Fidelity National Information Services, Inc. - Executive Biographies

    http://www.fidelityinfoservices.com/FNFIS/AboutUs/ExecBios/

    One from HomeSide Lending, another from Investment Banking Division of Bear Stearns.  
    Quote 0 0
    Blossom

    http://www.creditslips.org/creditslips/2008/01/servicing-kickb.html

    Servicing Kickbacks Alleged in Class Action

    posted by Katie Porter

    Last week, a class action lawsuit (Harris v. Fidelity National) was filed against Fidelity National Information Services, a huge player in the billion dollar world of mortgage servicing. "What? I've never heard of them," you say. Fidelity is the company that provides default servicing to most of the large residential mortgage servicers. Their role is a shadowy one; unless you've delved deeply into how consumer mortgages are serviced, you probably weren't aware of their existence--much less how they may be driving up costs for consumers. Foreclosure petitions, proofs of claims, and bankruptcy court motions never bear Fidelity's name (instead they are signed by the regular servicers or by local counsel retained by the servicers.) But despite its invisibility, Fidelity is almost always part of the action in foreclosures or bankruptcy cases.

    The lawsuit alleges that Fidelity receives illegal kickbacks from attorneys who work under contract with them. The exhibits to the class action are clear. Fidelity bills its clients--the servicers--for certain fees-- for example, $100 to review a bankruptcy plan. The servicer includes those fees as due and owing on bankruptcy proofs of claims, many of which appear only as "attorneys fees" or "postpetition charges." However, Fidelity requires attorneys to let it "retain" $50 of that $100. Fidelty characterizes these as "admin fees" paid by the attorney to Fidelity. The big problem with this practice is that bankruptcy law requires full disclosure of where the debtor's money is going. If the service is getting the debtor to pay these fees, the bankruptcy court should be approving those charges and who is going to receive the debtor's money. At least, that's how the class action has framed the legal issues in the case.

    One final note: the schedule of Fidelty's fees includes a line item for "Drafting Missing Documents."

    Hmmmm . . . If documents are missing, they are missing. I don't see how "drafting" can appropriately play into this. It sounds like more evidence of "recreating" mortgage servicing documents like the actions by Countrywide exposed in the In re Hill case.

    Quote 0 0
    One final note: the schedule of Fidelty's fees includes a line item for "Drafting Missing Documents."
    ***********************************

    I love it when they do stupid stuff like this.

    Whatever comes out of it, they deserve for their arrogance.

    One way to detect this is for you or your lawyer to ask the plaintiff
    when was this document submitted to the court as evidence created?

    If you are in litigation is common practice and procedure to File and
    Serve evidence on the opposing party.

    You make a list of the items and the date created.

    Signed primisory note dated 1/05/2007

    The original promisory note would not go into the court file as it is
    required to be kept by the noteholder if they ever want to sell it.

    In its stead would be a certified copy of the original.  Next the borrower
    can demand the original to be produced and inspected and copied on the spot.

    If you recieve a packet of evidence in response to the discovery demand,
    the promisory note should be listed and dated.  If not, it would then be
    prudent to demand the original to be inspected.

    We would do this since we do suspect document recreation being submitted
    as original documents.  That is manufacturing evidence as far as I am
    concerned and it is fraud not to disclose the original cannot be located,
    a copy cannot be located and this document is being filed as a recreated
    document.  Whether or not the court would be willing to accept this document as evidence is another thing your attorney could object to it
    and have it removed as evidence.

    I might as a matter of fact set up a deposition and issue a subpena for
    them to bring to the deposition all original documents in their possession
    OR Under their control for inspection and to make copies from that original
    myself.

    I guess we will see what happens with these created documents as we
    move along but I would take the position these documents do not rise
    to the level of evidence needed to be accepted by the court.

    Hopefully, you kept your copy of the promisory note to compare this
    one with the one your opponent is submitting.  Your lawyer might
    note other irregularities that he/she could attack and request to have stricken from the court records.

    This is something to talk to your lawyer about if you suspect any documents
    submitted as evidence are not the original.  This would be classified in
    my mind as an "ISSUE" to be resolved one way or the other. 

    Dee
    Quote 0 0
    Blossom
    Alleged ‘Fee-Splitting’ at Fidelity Leads to Class-Action

    For those interested, here is a copy of the full complaint.

    http://www.housingwire.com/wp-content/uploads/2008/01/fidelity_feesplitting_case.pdf


    Quote 0 0
    Blossom

    Didn't realize that Saxon was lead plaintiffs' servicer until I read complaint.   Admin may want to put it in legal archive.

     

     

    19. Mortgage servicing companies such as Saxon Mortgage Services, Inc. (“Saxon”) (the mortgage-servicing company that appeared in the Harrises’ Chapter 13) and many others routinely appear in this court as creditors in Chapter 13 bankruptcies.

    20. Fidelity acts as a secret middleman between many of these mortgage companies and the law firms that appear on behalf of the mortgage servicers. According to its Executive Chairman, Fidelity’s “Lender Processing Services” provides “comprehensive data, servicing, and technology solutions to large-scale mortgage servicing lenders.”

    Quote 0 0
    Aimee
    Saxon tricked us into thinking they were going to work something out with us to save our house until the day before the foreclosure sale. They kept telling my husband over and over again that they did not want our home. The day before the sale they said they would not help us, that we should get an attorney. By then it left us no time to get anyone to help us. After the sale we looked online to see who owned our house. The first time we checked Fidelity was listed as the owner. In a couple of months we checked again and Saxon was listed. After over a year our house still sits empty and Saxon is listed as the owner. Does anyone know if Morris, Schneider and Prior in Atlanta is in this ring with Fidelity and Saxon?
    Quote 0 0
    noodles
    Aimee, im in South Eastern Ga. I know the firm in which you are speaking of.
    They are involved with many many foreclosures in the South East, Ga area.
    Where are you located?

    Quote 0 0
    srsd

    Morris, Schneider and Prior in Atlanta also was the firm that handled our foreclosure and it was with Ameriquest/Deustche/Citi. so they are making a lot of money if they are involved with other companies. I think they must be grabbing all they can from every company. With all the foreclosures they will be able to retire after this year.

    Quote 0 0
    noodles
    They've also had clientel such as EMC, ameriquest, SPS, BOA, GreenTree, Aegis, FFF, if I'm not mistaken, and many others to boot.

    They are a HUGE Foreclosure firm for the homes in this area.

    Sounds like Aimee, srsd and I are all around the same region.
    Where are you located srsd?

    Quote 0 0
    Aimee
    We are located in Tennessee.
    Quote 0 0
    srsd
    we are in Alabama

    Quote 0 0
    It is my understanding that Alabama is a non-judicial foreclosure state.  Consequently, usually a foreclosure is accomplished by private power of sale pursuant to a deed of trust.

    When we have discussed standing as an issue, we are talking about a plaintiff's entitlement to use the courts to seek a remedy.  Non-judicial foreclosure does NOT typically involve use of the courts to acquire title to a property.  Consequently, standing is NOT a core defense in a non-judicial foreclosure setting.

    Typically, post-foreclosure, the BUYER at the non-judicial private sale uses an ejectment action to eject -- similar to eviction -- the owner from his or her home.  Perhaps you are now facing an ejectment action.

    There ARE some viable defenses in a non-judicial foreclosure and issues which can be raised in an ejectment proceeding.  Most of these relate to the regularity of the private sale and the validity of the deed given by the trustee.

    I HOPE YOU HAVE A VERY GOOD ATTORNEY!  YOU NEED GOOD REPRESENTATION, A STRONG DEFENSIVE PLEADING, AND PROPER PREPARATION IDENTIFYING THE DEFECTS IN THE PRIVATE SALE IN ORDER TO HAVE MUCH CHANCE OF SUCCEEDING IN THIS SORT OF PROCEEDING.

    THERE IS VERY LITTLE THAT PEOPLE ON A THIS MESSAGE BOARD CAN DO TO HELP YOU AT THIS LATE HOUR!  BEST OF LUCK! 
    Quote 0 0
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    Quote 0 0
    Eric
    The commercial spammers above seem to have uncovered this ancient thread. It is interesting to note the post above by Mr. Roper from 2008, who identifies and explains why a standing defense is never valid in a nonjudicial foreclosure state:

    Quote:
    It is my understanding that Alabama is a non-judicial foreclosure state. Consequently, usually a foreclosure is accomplished by private power of sale pursuant to a deed of trust.

    When we have discussed standing as an issue, we are talking about a plaintiff's entitlement to use the courts to seek a remedy. Non-judicial foreclosure does NOT typically involve use of the courts to acquire title to a property. Consequently, standing is NOT a core defense in a non-judicial foreclosure setting.

    Typically, post-foreclosure, the BUYER at the non-judicial private sale uses an ejectment action to eject -- similar to eviction -- the owner from his or her home. Perhaps you are now facing an ejectment action.

    There ARE some viable defenses in a non-judicial foreclosure and issues which can be raised in an ejectment proceeding. Most of these relate to the regularity of the private sale and the validity of the deed given by the trustee.

    I HOPE YOU HAVE A VERY GOOD ATTORNEY! YOU NEED GOOD REPRESENTATION, A STRONG DEFENSIVE PLEADING, AND PROPER PREPARATION IDENTIFYING THE DEFECTS IN THE PRIVATE SALE IN ORDER TO HAVE MUCH CHANCE OF SUCCEEDING IN THIS SORT OF PROCEEDING.

    THERE IS VERY LITTLE THAT PEOPLE ON A THIS MESSAGE BOARD CAN DO TO HELP YOU AT THIS LATE HOUR! BEST OF LUCK!


    If idiots like Vermont Trotter had simply read Mr. Roper's posts rather than following the suggestions of the scam artists, they might have succeeded in saving their homes.
    Quote 0 0
    tongcui
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