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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FlaProSe
The failure to rebut a properly raised affirmative defense precludes the entry of summary judgment.

Vidal v. LIQUIDATION PROPERTIES, INC., (Fla. 4th Dist. 2012)
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Moose
FlaProSe wrote:
The failure to rebut a properly raised affirmative defense precludes the entry of summary judgment._Vidal v. LIQUIDATION PROPERTIES, INC., (Fla. 4th Dist. 2012)


And your opinion of what an "affirmative defense" consists of is what?

Moose

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How about this: Plaintiff : You failed to pay us the June, July and August mortgage payment.
                      Defendant: That's true. But I did not owe these payments because you do not own the loan.
You are merely the servicer and have no equity in my property.
                                      The originator "died" three years ago without having ever transferred 
                                      the "obligation" to any third party.

                       Plaintiff: You broke my ARM.
                       Defendant: That's true, but only after you tried to steal my wallet out of my back
                                        pocket.
 
      In other words, someone accuses you of doing something, you admit the charge, but give a
legal justification of why you did it. THAT IS AN AFFIRMATIVE DEFENSE!

  Moose, do you agree or disagree?
Quote 0 0
Moose
Mike H. wrote:
How about this: Plaintiff : You failed to pay us the June, July and August mortgage payment.
                      Defendant: That's true. But I did not owe these payments because you do not own the loan.
You are merely the servicer and have no equity in my property.
                                      The originator "died" three years ago without having ever transferred 
                                      the "obligation" to any third party.

                       Plaintiff: You broke my ARM.
                       Defendant: That's true, but only after you tried to steal my wallet out of my back
                                        pocket.
 
      In other words, someone accuses you of doing something, you admit the charge, but give a
legal justification of why you did it. THAT IS AN AFFIRMATIVE DEFENSE!

  Moose, do you agree or disagree?


There is no such thing as corporate death.  Your attempt at an analogy is not only dubious but deliberately misleading and your theory of what an affirmative defense is is specious.

Moose




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