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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William A. Roper, Jr.
The NH Supreme Court has handed down a terrific new decision that is extremely useful to distressed borrowers facing an ejectment action following a NH non-judicial foreclosure.  The decision was in the case:
Deutsche Bank National Trust Company v. James Kevlik, et al, No. No. 2010-249 
http://www.courts.state.nh.us/supreme/opinions/2011/2011048deutsche.pdf
There are two key aspects of the Court's holding.

First, the Court clarified that a plaintiff seeking possession had a burden of proof to establish its ownership interest in the subject property.  While a NH statute required a defendant contesting ownership to take that issue to the county superior court, this statute did not absolve the plaintiff seeking possession of the duty and burden to plead and prove its ownership in the District Court.

Second, the Supreme Court held that the evidence presented by the plaintiff over the objection of the defendant was actually inadmissible.

See the other MS Fraud message threads relating to hearsay and evidentiary issues.

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William A. Roper, Jr.
Google Scholar already has the Deutsche Bank National Trust Company v. Kevlik case posted, including links to the decisions cited therein:

http://scholar.google.com/scholar_case?case=15194331496769712374



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FnDoomed
Thanks for posting that William...
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William A. Roper, Jr.
While we continue to await the publication of this case in the Northeastern Reporter, LEXIS and WestLaw references are now available.  The case can be cited as:
Deutsche Bank National Trust Company v. James Kevlik, et al, No. 2010-249, 2011 N.H. LEXIS 61, 2011 WL 1632669 (N.H. 2011). 

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