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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Ann

Move on ...

 

Here is a FL foreclosure case settled after Defendant filed Answer with Counter-Claim. The settlement is confidential.

http://www.scribd.com/doc/54303556/Foreclosure-Answer-CounterClaimDeutschebank?in_collection=3011888

 

 

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Ann
Some posters on this forum are giving incorrect, misleading info to readers.
Perhaps they work for the bank and helping the bank to take your house. Whoever discourages Pro Se to examine real lawyers foreclosure pleadings Evil  encouraging the Pro se to write bad pleadings (unless the Pro Se has good legal knowledge) so the Pro Se would be steamrolled by the Bank's attorney and eventually risking lose their homes. So folks, read these posts with a grain of salt...

Readers should never copy any sample legal pleadings to use in their personal case. Each case is different and may have other possible defenses . Sample pleading is for research purpose and it helps to see how what are real pleadings looks like.  Unless the person has enough legal knowlege enough to write good pleadings, examining good Pro Se and good attorneys pleadings is very helpful.  Reading cases also help to see how the foreclosure lawsuit process so you have an idea how the battle would be. 

Each state law can be different and case law from one state may not be valid in another state.  For one case law positive to Homeowners, there may be others negative case law which could negate the positive case law. One of the good way to check them out is to go to your jurisdiction court house, look for foreclosure cases and read pleadings from both sides. Research on your state Appeal and Trial Court opinions to see both positive and negative opinions. The foreclosure field is moving fast, new case laws arrives often.
Old case law may no longer valid or negates by new case law. Do careful reseach.

Again, people should not go to Bank Motion to Summary Judgement hearing without a good attorney. MSJ hearing is similar to a bench trial. The SJ is very difficult to reverse. Losing the SJ hearing could result to have your house sold at Court Auction.  Many attorneys would not take a foreclosure case after the pro se lost at the MSJ hearing except Bankruptcy attorneys. Consult a good foreclosure defense attorney as soon as you receive the Motion for Summary Jugdment. Remember, the first attorneys consultation is usually free.

More foreclosure info, case laws and legal pleadings from elite attorneys in this book from National Consumer Law Center. You can find this book at most public library

Foreclosures

2010 3d ed. and 2011 Supplement


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Ann
Sorry, typing mistake.  Should be read as follows:

Some posters on this forum are giving incorrect, misleading info to readers.
Perhaps they work for the bank and helping the bank to take your house. Whoever discourages Pro Se to examine real lawyers foreclosure pleadings ARE EVILl encouraging the Pro se to write bad pleadings (unless the Pro Se has good legal knowledge) so the Pro Se would be steamrolled by the Bank's attorney and eventually risking lose their homes. So folks, read these posts with a grain of salt...

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Ann
Why some stupid, nick picking, petty and narrrow minded personskeep poking on my mis used of the word "Entertainment" which I already apolozied to forum Readers ? Do they have any thing productive to do ?

It should read : My material posted on this forum is for information and research purposes only. Not to be considered as legal advices. "
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Unregistered

This is totally LAME!

You ought to be ashamed of yourself, Ann!!
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Unregistered

When to Retain a Foreclosure Defense Lawyer

I talked to two prospective clients this week, and both conversations broke my heart. In both cases, it was clear to me that I really could have helped these homeowners, but they waited too long to consult me.

In the first case, the homeowner failed to defend and was defaulted by the clerk. A default, of course, is like a forfeit in sports. It’s the court’s way of saying a defendant does not get to participate in a lawsuit or assert any defenses in opposition to foreclosure. It is possible to vacate a default (and, hence, defend a case), but the longer one fails to act after having been defaulted, the harder it is to defend a case.

In this particular case, the bank was so slow to prosecute (even after getting a default against the homeowner) that the clerk issued a notice of intent to dismiss for lack of prosecution. Incredibly, even after receiving that, the bank still failed to do anything for 60 days. If this homeowner had consulted me at that point, I would have filed a motion to dismiss for lack of prosecution. While I can’t “guarantee” anything, I am virtually certain I would have gotten that motion granted and the case would have been dismissed. Alas, the homeowner did not consult with me, and about 120 days after the notice was issued, the bank finally woke up and filed something, precluding a dismissal.

An opportunity for a great result presented itself, but the homeowner didn’t have a lawyer so the opportunity was lost.

In the second case, an elderly homeowner suffered a final judgment of forclosure while trying to defend his foreclosure case himself. He was desperate to file an appeal and willing to pay me to do so. Sounds good, right? Well, for me, it doesn’t matter if a client is willing to pay; if I don’t think I can help, I’m not going to take somone’s money. Don’t get me wrong; I’m more than happy to take on an appeal. The problem is that if a homeowner doesn’t make the appropriate arguments (in a procedurally proper way) before the foreclosure judgment was entered, then there is little any foreclosure defense lawyer can do about it on appeal. After all, the purpose of an appeal is to ask the higher court to rule that the lower court made a legal error. If the homeowner didn’t argue something correctly (or at all), then the appeal won’t be successful.

What really frustrated me about this case was that, prior to suffering the final judgment of foreclosure, the homeowner actually got the judge to dismiss the case with prejudice! Unfortunately, the judge later vacated that order of dismissal upon a motion from the bank. When I reviewed the transcript from the hearing on that motion, I was pulling my hair out with frustration, feeling confident that the judge would not have vacated his order of dismissal if I was involved in the case at that stage of the case. Alas, I was not involved, so the motion was granted, the order of dismissal was vacated, and, ultimately, the homeowner was foreclosed.

What’s perhaps more frustrating about that is that the homeowner had enough money to pay for a court reporter and order a transcript of the hearing, but he tried to handle the hearing himself. I’m sorry, but that’s ass backwards.

Look, I know that many homeowners think they know a lot about foreclosure law. Some of them, quite frankly, have taken advantage of their unemployment (to the extent that’s even possible) by studying foreclosure laws. That’s all fine and good, but I’d bet anything that I know far, far more about the arguments to make in opposition to a bank seeking to vacate an order of dismissal under Rule 1.540. As I read the transcript, it was clear this homeowner had no idea what to argue or what to say. The bank brought witnesses to testify and the homeowner had no idea what to do.

This was a huge hearing, mind you. If he won, then the order dismissing his foreclosure lawsuit with prejudice would have remained in place. It was important enough for him to hire a court reporter, and he had the financial means to do so, yet he decided to handle this hearing without a lawyer. Sigh.

By no means are lawyers perfect, and that includes foreclosure defense lawyers. However, these were two examples, just from this week, where it was very apparent to me that I could have helped homeowners avoid foreclosure if only those homeowners had consulted with me sooner.

So if you’re wondering when to retain a foreclosure defense attorney, learn from the mistakes of these two homeowners. Hire a lawyer to defend your case from the outset. If you don’t, you risk missing out on viable arguments and defenses that may well help you avoid foreclosure.

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erfgb
Contrairement aux mariages matinaux, le protocole exige qu’aucun chapeau ni coiffe ne soient portés.
 
Vous pouvez porter des décorations  robe de cortège dans les cheveux mais pas une coiffe, ce sont deux choses différentes.
 
Vous pourrez arborer des talons si vous pensez pouvoir les supporter toute la journée, sinon, choisissez des talons moyens pour changer discrètement robe cortège fille  de chaussures avant le banquet ou pendant les photos.
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YRYT
93e : Valenciaaccélère. Un peuexcentrédans la surface, le Mancunien frappe. Tircomplètementmanqué.

91e : carton jaune maillot de football pour Valencia

82e : Hazard sort et laisse sa place à Sturridge
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Marcel
Seul Mike H. pouvons vous vendre sa mort pari défense. C'est la meilleure défense très à utiliser dans une saisie hypothécaire lorsque vous ne pouvez pas payer en raison de l'enlèvement extraterrestre et quand votre note a été prise de coffres des banques et placé dans un vaisseau spatial extraterrestre.
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  Votre grammaire (pas grande mere) me dire que vous n'etes pas Francais. Il apparait que vous ne
croyez pas dans ma defense de mort-gage. Vous la trouvez ridicule, mais beaucoup de mes etudiantes
sont encore dans leurs maisons a cause de mes efforts a convaincre les juges que c'est une vrai defense
affirmative. Pardon ma grammaire, ca fait quarante ans depuis que j'ai mis le pied en France.
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??
WTF?
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Texas
If my French was not so bad, I would think an alien god spaceship traveled to France.

With that said, Danger Will Robinson Danger - Lost in Space
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Texas
Could be wrong, but the frenchie stuff looks like a machine translation from English to French.
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Kris
What exact do it say, Texas??
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Cabinetmaniac
Kris wrote:
What exact do it say, Texas??


Your grammar (not grandmother) tells me that you are not French. It appears that you do
not believe in my death-pledge defense. You find it ridiculous, but many of my female students
are still in their homes because of my efforts to convince the judges that it is a true affirmative defense. Excuse my grammar, it's been forty years since I set foot in France.
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Cabinetmaniac
Cabinetmaniac wrote:
What exact do it say, Texas??


That was MikeH's response to Marcel.

The first couple of things are basically gibberish.

Then Marcel said:

Quote:


  
 
Seul Mike H. pouvons vous vendre sa mort pari défense. C'est la meilleure défense très à utiliser dans une saisie hypothécaire lorsque vous ne pouvez pas payer en raison de l'enlèvement extraterrestre et quand votre note a été prise de coffres des banques et placé dans un vaisseau spatial extraterrestre.




Only Mike H. can sell you death bet defense. This is the very best defense to use in a foreclosure when you can not pay because of the alien abduction, when your note was taken from bank vaults and placed in an alien spaceship.
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Touche, Cabinemaniac, you got the translation correct!

    You see, the word "mort gage" is a Norman French word. It was introduced into England after the
Norman invasion of England a thousand or so years ago.
    After the Normans conquered England, they plundered all the gold and silver the English had, but
then they were faced with a problem, the English still owned the best farm land and castles. One
brutish Viking leader advised his "lieutenants" that it would now be necessary to use force to take
the English land, because he knew the English would never give up their land without a fight, which
even if the Norman French Vikings won, would be costly in lives and property damage.
     Luckily for the Normans, they had a little "Hebrew" guy who they trusted with their finances and he had a much better idea.
     His idea was to loan the gold and silver they had just plundered, back to the English land owners
at interest. Since it was mathematically impossible for the English land owners to ever pay it back
because of the compounding of the interest, the Vikings could just "steal" the land "legally" by foreclosing on them. Not one Englishman in a thousand would understand how they got scammed,
and the Normans would eventually end up with the land without having to fire a shot.
      So that is how the Normans became the land owners in England and later Ireland as well. Eventually they intermarried with the English and Irish so their identiy was lost, except that they left "Law French" as a legacy and a lot of French legal terms in the English language.
      Does this story remind you of anything that might have happened here in America? Think about
it. Then confess your sins to the Almighty, read your Bible and join the struggle to liberate our
Nation from these foreign invaders who are trying to steal our land by Stealth through foreclosure.
Let's take back our Gold and Silver, which was stolen, and then cancel all mortgages to the Banksters.
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drhfgh
Equipos J G E P GF GC Pts.
camisetas de futbol tailandia
1. Juventus 13 10 2 1 29 camisetaesp 9 32.

2. Inter Milan 13 9 camisetas de futbol en tailandia 1 3 26 15 28.
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Ann wrote:

Collection of Court Ruling and Robot Signors depositions

 
 

Save homes. Add to this list. The more information we have, the closer we get to indictments. Email depos, transcripts, etc to ForeclosureHamlet@gmail.com

Educate yourself.

 

Florida Court Orders & Appellate Reversals here.

 

Excellent resource explaining the background of the American foreclosure crisis. Take time to read and click links. http://ning.it/cI5woW

Read the Cambridge Complaint to learn about the Mortgage Backed Securities Chain Gang. This is a long detailed document. Section III The Parties can be skimmed. read here or download cambridge-investments-v-et-al.pdf

Read or Listen to this book: The Big Short by Michael Lewis

Order on Netflix or purchase this documentary: Plunder, The Crime of Our Time

Read this about the reckless, irresponsible, wheeling-dealing, parasitic banks http://ning.it/9OXpV7 and this about MERS http://ning.it/9BkD6l

Florida Foreclosure Judges' Bench Book here


MERS DEPOS

  1. MERS Corp Secretary William Hultman linked here April 7, 2010 (FYI Copyright info for transcripts)
  2. MERS Corp Secretary William Hultman Nov 11, 2009 MERS dep trans of William Hultman.- 11_11_09.pdf
  1. MERS CEO R K Arnold Sept 9, 2006 corporate rep depo rk arnold 9 25 2006.doc
  2. MERS CEO R K Arnold Sept 25, 2009 09-25-2009 Deposition of RK Arnold, CEO, MERS.docDepositions
  3. MERS CEO RK Arnold November 16, 2010 Response to Senator Brown's questions during US Senate Banking Committee Investigation into Foreclosure Fraud Arnold Response 111610
  4. Partial Testimony of MERS William C Hultman here
  5. William Hultman testimony to the AZ House in Feb2011 at min 44:20 on the video here
  6. MERS ordered by FL Judge (2005) not to foreclose on behalf of others here
  7. William Hultman's testimony before the Banking and Finance Committee on May 25, 2011.


FORECLOSURE MILL MINIONS

  1. Ron Wolfe, managing partner of Florida Default Law Group (motion to compel and transcript of deposition) here
  2. Tammy Kapusta, paralegal who once worked at FL mill Stern's office KAPUSTAtammie.pdf
  3. Other Florida mill minions statements here.
  4. Hollan Fintel, of Florida Default Law Group, then moved to Shapiro Fishman http://goo.gl/fb/pBdE5
  5. Francis Hallinan, PA foreclosure mill attorney PA Foreclosure Mill attorney explains fabrication of evidence (read page 24--pages 90-93) http://ning.it/hOgeci (missing pages 3-9)
  6. Shellie Hill, OH Deed Paralegal, of Lerner, Sampson & Rothfuss: http://wp.me/pFWnq-4ik
  7. Patricia Arango, attorney at Florida foreclosure mill Law Office of Marshall Watson Patricia Arango, Marshall Watson attorney (commentary here)
  8. Full Affidavit of paralegal Jose Portillo of Shapiro & Burson | Over 1,000 Deeds Were Recorded with False Signatures http://wp.me/pFWnq-5i5
  9. Shapiro Network Jose Portillo Affidavit%20of%20Jose%20Portillo-3.pdf
  10. The Deposition transcript of Michael Ackerman, a partner of the NJ law firm Zucker Ackerman & Goldberg. http://www.scribd.com/doc/63261049/The-Deposition-of-Michael-Ackerm...

Lender Processing Services (LPS)

 

  1. Bill Newland from Fidelity / Lender Processing Services, LPS Part II: http://wp.me/pFWnq-45O
  2. Scott Walter from Lender Processing Services, LPS: http://wp.me/pFWnq-45D
  3. Scott Walter from Lender Processing Services, LPS Part II: http://w...
  4. Christian Hymer, 1st VP Operations LPS Christian Hymer, 1st VP Operations LPS

 

 

ROBOSIGNERS Depositions & Admissions

  1. Cheryl Samons: http://tinyurl.com/yansx5z
  2. Cheryl Samons: http://ning.it/d2Ra5s
  3. Cheryl Samons: here
  4. Cheryl Samons 2011 here
  5. Cheryl Samons via David J Stern's notary Shannon Smith
  6. Erica Johnson Seck of Indymac/Onewest Erica Johnson-Seck http://tinyurl.com/yfe7565
  7. Angela Nolan of JP Morgan Chase (endorsements in blank on notes) Angela Nolan: http://ning.it/9yz7Ne
  8. Jeffrey Stephan of GMAC/Ally Jeffrey Stephan: http://tinyurl.com/yz6jgsj
  9. Jeffrey Stephan of GMAC/Ally Jeffrey Stephan: http://tinyurl.com/2cm55pd
  10. Beth Cottrell of Chase Home Finance, LLC Beth Cottrell notice of taking Depo ducus tecum
  11. Beth Cottrell Depo: http://ning.it/df9EF2
  12. Scott Anderson of Ocwen Admissions http://ning.it/dkQKjW
  13. Tina Bado of Bank United: Tina Bado depo transcript.pdf
  14. John Herman Kennerty of Wells Fargo: Herman John Kennerty of Wells Fargo.May20.2010.pdf
  15. Renee Hertzler of Bank of America here
  16. Xee Maou of Wells Fargo (exhibits Deposition Transcript Exhibits of Xee Moua-33945-KCH.pdf and transcript Deposition Transcript of Xee Moua-33942-KCH.pdf
  17. Krystal Hall of Bank of America : BoA Krystal Hall.pdf
  18. Tamara Savery of Wells Fargo: here
  19. Erica Lance (colleague of Brian Bly & Crystal Moore) of Nationwide Title here
  20. Tam Doan, "I was a Bank of America robosigner" CNN news article here
  21. Tamara Price of Citi Residential Lending 2008.04.21 Depo of Tamara Price(2).pdf
  22. Denise Bailey of Litton Loans D__Bailey_Depo1_(3)[1]-1.pdf and D__Bailey_Depo2_(2)_(3)[1].pdf
  23. Alden Berner, Wells Fargo Verification Robosigner Berner-Depo-Verification-of-Complaints-Redacted1.pdf
  24. Judy Faber, GMAC & Residential Funding Robosigner GMACDepostionFaber.pdf
  25. Brian Bly, Nationwide Title Clearinghouse Robo-signer (a doc-shop) Brian Bly depo and Brian Bly Employment with Nationwide Title Clearinghouse verification here.
  26. Full Deposition of Stanley Silva, Notice of Default Robo-Signer http://wp.me/pFWnq-4uA
  27. Suzanne Johnstone of Select Portfolio Servicing Johnstone Suzanne Select Portfolio.txt
  28. Ronaldo Reyes, Deutsche Bank VP securitization depo Depos of Deutsche Bank VP Ronaldo Reyes.pdf
  29. Deposition Transcript of SELECT PORTFOLIO SERVICING (SPS) MINDY LEETHAM http://t.co/b5Rt16P
  30. Deposition Transcript of Litton Loan Servicing Litigation Manager Christopher Spradling http://goo.gl/fb/hiXIX
  31. Deposition of Cheryl Thomas of DocX & LPS 51885547-Deposition-of-Cheryl-Thomas-March-23-2011.pdf
  32. Deposition of Christine Odom, Nationstar, servicer for Plaintiff Citimortgage here
  33. DEPOSITION OF JUSTIN HALBACH, NATIONSTAR MORTGAGE LLC. : http://t.co/uxZHPDQ
  34. Full Deposition of Jose Colon of AHMSI and Special Officer for Sand Canyon, Formerly Known as Option One: http://t.co/5zqDDMe and Dale M Sugimoto, President of Sand Canyon f/k/a Option One Dale M Sugimoto

OTHERS

  1. Linda DeMartini, Bank of America document custodian here
  2. Dale M Sugimoto, President of Sand Canyon f/k/a Option One Dale M Sugimoto
  3. Patricia Fallmannn of Bank United depo here
  4. MANY MORE materials here http://www.lsnj.org/Foreclosure122210.aspx
  5. Federal Reserve Consent Orders (including MERS & LPS) here
  6. Office of Thrift Supervision Consent Orders here

 

 

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Rock
Apparently, Anh or one of her shills, is now resurrecting her disredited posts and threads under a new screen name. Simply pulling up this tired old thread does nothing whatsoever to improve the horrid advice Anh was giving while promoting several really mediocre Florida attorneys.

It might be of interest to those familiar with Anh and her scam that Anh not only lost her foreclosure suit, but she actually consented to judgment in her case. Thus, she has no appeals issue and simply gave up her keys.

Anh's cheerleading here at this site was never intended to benefit borrowers, but rather only to line the pockets of the crooked lawyers who employed her to spam various message boards, including this one, with her vacuous posts and promotional crosslinks to Florida lawyers who take your money, but otherwise do nothing useful for defendants at all.

Anh may have earned her thirty pieces of silver betraying borrowers to these corrupt attorneys, but she will burn in everlasting Hell for what she has done. Be sure to read her posts about how she and her lawyer friends are having pina coladas on the beach laughing about your misfortune after tehy ripped you off or how her insincere and dishonest posts were only for entertainment and amusement and not intended to be legal advice!
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LawGina

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The Gina Rosato Law Firm, P.A. is able to assist you in dealing with your credit card, medical and other debts. Know your options. Our main office is located in Tampa, Florida. Please call 813-463-8000 for your free initial phone case evaluation today or visit our website at: https://www.lawgina.com

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