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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Hello Everyone,
Our Attorney called and he just received a Motion for Summary Judgment.  Apparently the case with AG Dann has prompted this action by Freedom Mortgage/Loan Care/ "WHOEVER" holds our true mortgage (even the  Attorney for Freedom Mortgage didn't know).  We see the attorney on Monday. 
I guess I can sue the man down the street for his house since no one needs to truly have any proof of note or deed. WOW.
We should just all go move into the Whitehouse...we as the people own that don't we? 
Sorry for the sarcasm...

Julie


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Have your lawyer contact me and get me a copy of Sum Jud to review and if in Ohio, it it has the "dna markers" of fraud I see there, I can offer affidavit and testimony to make it a fact issue for trial and overcome the Sum Judg!
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Can anyone explain exactly what a Motion for Summary Judgement is?
I looked it up on line and apparently,If I have it correct, the Loan Servicer is asking for an immediate answer with only the documentation that they presented originally, no trial etc.  Will we get to show any evidence?  Will the Judge request more info?  What type of response or counter motion should we ask our attorney to file (I know he should know) I want to know so I am not guided wrong by him and  I can watch our interests the best I can.  I don't trust anyone 100%.  We are speaking with the Bankruptcy attorney as well.
I am just numb...on top of this My Son landed in Afghanistan today...They say God will not place more on you than you can handle ... I am beginning to wonder if this is how Job felt or when the other shoe will drop!

Prayers Welcomed and Needed
Thanks
Blessings
Julie
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Ohio
Julie,

Have you or your attorney filed anything at all? An answer to the foreclosure complaint at least???


P.S. Your son is a hero...God bless him!
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Ohio
Thank you I am very proud of him.  He is Explosive Op's (Bomb Squad) so he has to stay on top of his game and keep his head clear, he knows nothing of what is going on, nor does his wife and son. I don't want his mind off of the job at hand, he needs to stay in soldier mode. I will be BRAVE just as he is!

We filed a denial to the foreclosure claims.  This is the first thing we have heard back in over a month.  I just want to know whats going to happen this limbo is awful.  I could just sell all the doors, floors, plants, fencing, appliances, faucets, windows etc.  Then what would they have to re-sell? LOL  Can't do that though..just not in me.
Julie
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Moose

julie wrote:
Can anyone explain exactly what a Motion for Summary Judgement is?
I looked it up on line and apparently,If I have it correct, the Loan Servicer is asking for an immediate answer with only the documentation that they presented originally, no trial etc.  Will we get to show any evidence?  Will the Judge request more info?  What type of response or counter motion should we ask our attorney to file (I know he should know) I want to know so I am not guided wrong by him and  I can watch our interests the best I can.  I don't trust anyone 100%.  We are speaking with the Bankruptcy attorney as well.
I am just numb...on top of this My Son landed in Afghanistan today...They say God will not place more on you than you can handle ... I am beginning to wonder if this is how Job felt or when the other shoe will drop!

Prayers Welcomed and Needed
Thanks
Blessings
Julie

Julie, it's standard procedure. This isn't legal advice, of course, but they're gambling that there won't be an effective response to their motion. If your attorney has actual trial experience he or she will respond appropriately.  Summary judgment is mostly a maneuver that shortens cases where the
defendant/victim can't or won't respond. The weight is set against the movant party.

God speed to you and your son.

Moose


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Ohio
Has your attorney said he will oppose their motion? They will surely get the summary judgment if no opposition is filed timely with the court...once they get summary judgment they will get their foreclosure...

They are pretty much stating that you have absolutely no defense to their right to foreclose.....without any opposition from you the Judge will have to grant their motion. 

Were any defenses made in your answer to their complaint?
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Julie:

You will recall that I suggested at the OUTSET that the KEY TO VICTORY is DISCOVERY!

Your attorney never contacted me.  Hopefully, you now already have some discovery under way.  If you do NOT have discovery under way, you hvae created a problem for yourself.

The essence of a summary judgment motion is that the plaintiff (or the moving defendant) alleges by motion that there are essentially NO MATERIAL MATTERS IN DISPUTE.  The question for the court is whether there exist DISPUTED FACT ISSUES that require court determination.

Most foreclosures in Ohio are resolved by default judgment.  The defendant simply FAILS TO ANSWER.  When the defendant DOES ANSWER, the NEXT THING that the plaintiff does is file a motion for summary judgment.  The plaintiff is going to WEAR YOU DOWN and FINANCIALLY EXHAUST YOU.  The summary judgment motion and hearing is an opportunity for them to FORCE YOU TO PAY YOUR LAWYER TO ANSWER THE SUMMARY JUDGMENT MOTION and to PAY FOR A COURT APPEARANCE.  The mortgage servicer will continue to apply pressure.  Discovery AGAINST YOU is coming next, if the summary judgment motion is UNSUCESSFUL.  You will be paying your LAST DOLLARS to ANSWER DISCOVERY, being perpetually on the defensive if you fail to take charge. 

When you have ANSWERED and have discovery UNDER WAY, you can point to the outstanding discovery as a reason as to WHY the summary judgment motion is premature and may not be heard.  If you are NOT ENGAGED IN DISCOVERY, this would seem to mean that you think that you already have the evidence you need to go to trial.

So failing to conduct discovery not only DEPRIVES YOU of the evidence you need to WIN, but it also SPEEDS the matter to summary judgment hearing and/or trial.  By contrast, when you actually conduct effective discovery, it tends to stop the plaintiff's case DEAD IN ITS TRACKS.  This is because the plaintiff initially rushs to court WITHOUT the requisite evidence.  So when you serve discovery, they have to STOP and begin document fabrication and think up various LIES to plead and present by affidavit.

You will recall that I also offered to take a look at the pleadings and evidence in your case.  IN EVERY INSTANCE THAT A PERSON WHO IS A DEFENDANT IN MORTGAGE FORECLOSURE LITIGATION HAS SHOWN ME PLEADINGS AND EVIDENCE, I HAVE FOUND EVIDENCE OF PLEADING OR EVIDENTIARY DEFECTS AND IN MOST CASES ALSO EVIDENCE OF DOCUMENT FABRICATION.

Nye LaValle is making you a similar offer.  YOU OUGHT TO TAKE HIM UP ON IT. 

Most lawyers (other than the mortgage servicers' lawyers working for foreclosure mills) are NOT engaged in foreclosure defense on a day to day basis.  Most are UNFAMILIAR with the promissory notes and mortgages, deeds of trust and/or other mortgage security instruments, assignments, etc.

The attorneys may be familiar with local pleading and practice, but they can look over your documents and NEVER SEE the GLARING DEFECTS.

You had a VERY GOOD CASE.  Based upon the facts you originally sketched out, it seemed to me that you had the VERY BEST CASE of anyone with whom I have interacted on this site.  In fact YOUR CASE WAS SO GOOD, that I thought that you had an outside chance of having your mortgage EXTINGUISHED COMPLETELY by proper pleading of the clean hands doctrine.

If you have failed to conduct discovery, you are probably GOING TO LOSE.  YOU NEED TO MANAGE YOUR LITIGATION AND MANAGE YOUR LAWYER.  The discovery is NEVER GOING TO HAPPEN if you do not insist upon it.  It really doesn't matter HOW GOOD your attorney is if you have to go to trial without any evidence!
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Julie:

Summary Judgment is typically decided based upon affidavits and discovery responses.  WITHOUT DISCOVERY, it is the affidavit(s) of the servicer and YOUR affidavit (if ANY) that will determine the case.  The mortgage servicer will CONTRACT to a professional perjurer to produce a FALSE affidavit.  The person signing the mortgage servicer's affidavit will be OUT OF STATE and the identity of this person will be left somewhat obfucated or unclear to assure that there cannot be a perjury prosecution.  You will have already been painted as a deadbeat by the plaintiff and the plaintiff's lawyer.  The plaintiff's lawyer (foreclosure mill) will also have been generous campaign contributors of the judge.

Although IF your affidavit raises a genuine FACT ISSUE, the summary judgment SHOULD BE DEFEATED, in practice you will find that the plaintiff's nebulous affiadavit will be given MORE WEIGHT.  Even without prevailing OVERALL, the plaintiff might still obtain a PARTIAL summary judgment -- a determination of SOME OF THE FACTS IN THE CASE which are NOT shown to be in dispute.
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Nye Lavalle
I've offered a review of the motion and complaint. I have testified against the lawsuit in the complaint and we have staved off a number of sum judgs in OH. However, without docs and complaint to review, can't testify or provide an affidavit as to facts!
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Nye Lavalle
That was law firm not lawsuit
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Pending what will happen with the attorney on Monday and the fact that He is being very stubborn about contacting anyone I have suggested for him to call (BILL & NYE) all he talks about is $$$$$$ this cost that cost blah blah. Does anyone know of an experienced lawyer  in OHIO who needs a really good case to fall into his lap? 

Julie

Bill & Nye
Thank you if you need any more information let me know I will keep digging.
Julie
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Zuzolo Zuzolo & Zuzolo

Philip Zuzolo
 
http://www.zuzolo.com/index.htm


700 Youngstown warren rd Niles OH 44446 330-652-1609 330-652-9421 (fax)

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