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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Seeker
Ok help me to understand then,

If the federal reserve is a bank and they are stating this is how banks work, they don't deny this fact, why does the courts question their theory/experience.  Do the courts question the federal reserve expert opinon/theory of them controlling the interest rate?  So why do they question and knock down their expert knowledge of how the banks operate? 

And the judge is not a witness to speak/determine what was lent/given or not, why is it a frivolous claim? 

I know individuals should relying on previous cases to help their case...but if those judges were corrupt and ruled against the parties making the fractual reserve defense which could be true, the other cases after that case is screwed.  To me that is a bad case in the bank favor.    So it may not have been a frivolous claim, the judge that hear the case could have been corrupt and dismissed as no merit and the party may not of had the money to pursue it to the end.

I'm not trying to debate or argue this matter, it's merely something to think about.  So to me instead of say its a frivolous claim, just merely say, this could be true but you can't win the case that way and must find another way to win your case because most judges shoot that way down quickly because of all the previous cases that got screwed with this defense.

The banks /industry are falling before our eyes regardless, but if this aspect of the fraud is not revealed, when these giants get back on their feet, the cycle will merely begin again.  This is not the first time banks folded and here we are again.  

Mayah if you are out there, if this too is apart of fraud, I am in prayer with you as well that it is revealed and revealed quickly, but according to what the gentlemen told me today, this has been around for years.  I am interested as to what my uncle will tell me.   I can't wait for him to call me back. 


Seeker


  
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4 justice now
Seeker and Mayah:

Both Moose and Ohio have been around helping victims at this site for quite some time now. I find it difficult to understand how anyone could ever make such baseless claims about either one of these fine people, unless of course you simply didn't bother to check the plethora of outstanding posts they have made here in the past.

I really don't know what your motive might be in this circumstance, but it does appear that you do wish to help the victims, so that being the case I strongly suggest that you save your energy and time so that you will be able to do battle the true criminals out there. Certainly not Moose and/or Ohio.

There are many intelligent people here that speak regularly using legal terminology, etc. but that certainly doesn't mean that they are attorneys at all. For the most part, they have simply taken the time to educate themselves in an area of law that is, to say the least, is little understood by many in the legal field as a whole. I wish you the best of luck in your battle.


R,

4J
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Seeker
Where did that come from Justice -

I did not accuse Ohio nor Moose- I am trying to understand.  I have not attacked anyone on here, I am asking them to help me understand.  After reading my last post I don't understand why you would have comment in this manner. 

I am trying to make sense of this, if there was no such thing as a rose and it was told to us by an expert but someone still wants to believe that there are roses.  I should still be able to stand on the fact that an expert told me there are no roses.  I should still be able to prove to a jury that there are no roses and may the best party win/their argument. 

See, the part I am missing is that - the Federal Reserve Bank is a creditable source and if they are telling me, the process and others want to believe other wise, why should the people who believe the Federal Reserve suffer.

Just because a practice was around for a long time does not make it right.
Slavery was around for a long time - but it did not make it right.  Black people sitting in the back of the bus was around for a long time but it did not make it right.

I am just trying to understand why the people who do believe what the Federal Reserve states can't have their day in court?

The guy that I spoke to at the Federal Reserve told me that the book was out of print now and I ask him why, he stated he did not know. 

Something is missing is all I am saying.   Justice - I have no motive, I thought everyone has a right to their own opinion here.    I am not asking anyone to convince me of your thoughts in this process, I am trying to understand all sides.

I am not trying to harm anyone to lose their homes did I say that?  Again, everyone is entitled to their own opinion and you don't have to agree and respect each other that we disagree.

All I stated that if Mayah is correct, then the fraud should be uncovered, as fellow fighters of fraud because fraud is fraud, you should have at least supported her on that aspect itself.  I may not have agreed with everything she stated, her anger was against judges and attorneys - so if you people here are neither - I still don't understand why those comments mattered so much to you.

We live in America.   So can someone please explain the questions I asked in the previous post?  So we can prevent from being side tracked?

Oh update on my uncle...he called me back, but he told me he will come by my home tomorrow, he prefers to talk to me in person about that instead of on the phone.  This is getting very interesting.

I'll keep you updated

Seeker
   

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Moose
Seeker wrote:
Ok help me to understand then,

If the federal reserve is a bank and they are stating this is how banks work, they don't deny this fact, why does the courts question their theory/experience.  Do the courts question the federal reserve expert opinon/theory of them controlling the interest rate?  So why do they question and knock down their expert knowledge of how the banks operate?


Because it lacks relevance. Whatever is going on in the Federal Reserve has ZIP, ZERO, NADA, ANYHING to do with a servicer coming after you in a foreclosure. Chances are, the lender wasn't even a "bank" that had anything to do with the FR.

Seeker wrote:
And the judge is not a witness to speak/determine what was lent/given or not, why is it a frivolous claim? 


Because the judge is the trier of law. If something in the case raises a question of law or how the law applies to the case, the judge will make the determination of what the law says. What someone writes in a complaint ISN'T LAW.

Seeker wrote:
I know individuals should relying on previous cases to help their case...but if those judges were corrupt and ruled against the parties making the fractual reserve defense which could be true, the other cases after that case is screwed. 


The "fractional reserve" story isn't a defense. It's nothing more than an explanation of how the system works. You can't defend yourself with a story.

Seeker wrote:
To me that is a bad case in the bank favor.    So it may not have been a frivolous claim, the judge that hear the case could have been corrupt and dismissed as no merit and the party may not of had the money to pursue it to the end.

Now you're really off in the weeds. There are simply too many of these cases to try and chalk it up to all the judges being corrupt. This has been going on for years and years. It's not some new theory. The promoters would love everyone to believe that the whole system is corrupt but the fact is, VIABLE CHALLENGES WILL WORK - old worn out myths aren't even a surprise, let alone viable.

Seeker wrote:
I'm not trying to debate or argue this matter, it's merely something to think about.  So to me instead of say its a frivolous claim, just merely say, this could be true but you can't win the case that way and must find another way to win your case because most judges shoot that way down quickly because of all the previous cases that got screwed with this defense.


You have that part right. You MUST find another way and you have to put it into a coherent claim/argument/affirmative defense that the court won't toss out.

Seeker wrote:
The banks /industry are falling before our eyes regardless, but if this aspect of the fraud is not revealed, when these giants get back on their feet, the cycle will merely begin again.  This is not the first time banks folded and here we are again.

This isn't  an "aspect" of the fraud. This is legally meaningless. There are lots of real legal issues and violations of statutes on which to draw a complaint without burdening your claim with what the courts already have ruled on over and over.

Seeker wrote:
Mayah if you are out there, if this too is apart of fraud, I am in prayer with you as well that it is revealed and revealed quickly, but according to what the gentlemen told me today, this has been around for years.  I am interested as to what my uncle will tell me.   I can't wait for him to call me back. 

Seeker


I promise you courts can be corrupt. But they're not stupid, nor are most of the attorneys who practice in them.

The attorneys who routinely handle foreclosures are SLOPPY and don't get paid to handle serious challenges.  DON'T give them the ammunition they need to run over you.

Moose.



  
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Seeker
Night owl like me I see...

Thank you Moose for your explaination.  But please refrain from stating things like I am out in the weeds.  I am merely trying to understand and I am communicating to everyone here with respect.

One other thing, you mentioned the servicer, being sloppy, if you find anything they were sloppy with, what outcome does it bring?  If the courts rule in your favor what usually happens?

Do you give them back the home and they give you back the money you put into it or do they have to make arrangements with you and merely can't foreclose on you.  Or do you walk away with the home free and clear?

You also stated their has been many of those cases and those promoters have been around a long time.    Therefore, all the judges could not possibly be corrupt.  You don't have to search case law but can you give me a ball park figure as to how many you know of?

Also, can you give me a ball park figure how many foreclosure cases with other defense won?  And what was the outcome.

I think Ohio stated he won a case - was it for your home, can you share the outcome and what your defense was?

I would greatly appreciate this information.

Seeker

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Ohio
If this is really something to get in the courtroom why wait to be threatened with foreclosure to bring it up in a counterclaim?

Do people really care where the money comes from when they have made it to the closing table?? Hell no, they are stll breathing a sigh of relief their loan was approved. Predatory loans are proof positive of that. The banking industry works just fine when we need them to get something we want. It's when things go bad that the whole thing was illegal from the word go? Even though I've been benefitting by living in the house for the past umpteen years??

What relief CAN the courts grant me? What ARE my damages?! Maybe someone can explain to me what the remedy would be because I don't get the point of it.   

By the way, thanks 4J
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Ohio
Seeker,

Below is what I posted awhile back. I have to tell you though that none of those claims or defenses would have amounted to squat without proof of my own and what I obtained through discovery.

Their attorney did not take me seriously until we had an informal mediation meeting. When I opened my notebook a very thick stack of canceled checks fell out of it onto the table. The Magistrate's eyes got pretty big and from there I had his full attention. The opposing attorney was asked to go to a different room and the magistrate talked to us separately. After speaking to the other attorney he came in and said he let the other attorney know that his client did not want this to hit the newspapers and a fair settlement should be offered us.

A fair settlement was negotiated. I can not tell you what the terms were but the giving was one sided and the receiving was one sided. Sort of how it had been for 2 years prior...just different givers and different receivers.

Hope the following helps:

Ohio wrote:
These are the defenses and counterclaims we filed in response to their complaint in foreclosure.
 
I put these here because if you are like me, I had a hard time finding/knowing "names" at least legal names for all their dirty deeds. Thankfully my Attorneys had no problems in that area.
 
Each state has their own criteria of what conditions must be met to prevail on these claims so it is very important to get familiar with your states laws/rules of court 
 
What helped me understand was reading appealed cases where these defenses and claims were the issue of the appeal.
 
Hope this helps someone put legal definition to what has happened to them.
 
 
Defenses
1) Plaintiff's claims are barred by Payment, Breach of Contract, Anticipatory Repudiation, Accord and Satisfaction, Statute of Frauds, Failure of Consideration

2) Plaintiff's claims are barred by the doctrine of Laches, Waiver, Estoppel, Unclean Hands

3) Plaintiff's claims are barred by Plaintiff's conduct including Fraud, misrepresentation, Unlawful conduct, coercion

4) Plaintiff failed to mitigate damages

5) Plaintiff's complaint fails to state a claim or cause of action against defendants upon which relief may be given.

6) Defendants reserve the right to add additional affirmative defenses revealed through the course of discovery.

Counterclaim Causes of Action
Fraud
Fraudulent Concealment
Negligent Misrepresentation
Breach of Contract
Bad Faith
Promissory Estoppel
Unjust Enrichment
Intentional Infliction of Emotional Distress
Conversion
Violations of The Fair Credit Reporting Act
Violations of Real Estate Settlement Procedures Act
Violations of Federal Trade Commission Act
Violations of Fair Debt Collection Practices Act. 


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4 justice now
My mistake.. not to say that I had ever meant any harm to start with... I meant to address Blondy and Mayah, not Seeker and Mayah. Sorry about that, but like I said: I truly meant no harm to begin with.

Thanks! for caring!!!
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I have refrained from posting up until now, but I see my name came up and I need to take a stand on this. This forum is very one sided on here. I thought this was a forum for all, not for a few.

There seems to be very judgemental views such as:  Predatory Lending was ok when we were at the close table? How silly was that!

You all need to realize there are people who lost a job, faced cancer, became disabled, and don't forget the elderly.....maybe their mortgage company wouldn't help them....so instead of helping them doing a refi they foreclose on their homes. What about payments not being posted or misappropriated? So to say comments like that are really uncalled for.

Have mercy on people, because someday you'll want God to have mercy on you. Ever hear of the Golden Rule? Do unto others as you would want done unto you.


If I offended anyone by saying liar/lawyers I am sorry for that. I do feel however, that there are lawyer wannabe's and there may even be lawyers scoping out potential cases on here.

I didn't come on here for that. I didn't come to get  judged either. I was just looking for support of some sort.   Sad to say I didn't find it on here.

You may not have agreed with Mayah, but this is an open forum right? Why did she get the boot then?

I don't feel for the most part that anyone in foreclosure is a deadbeat not wanting to pay their mortgage.

None of us really ever own our own home...don't forget if you don't pay taxes they can take your home too.

What gets me through all of this, is the knowledge of knowing that I will have my mansion in glory someday, and that is something that this world can't take off of me. This world is only temporal...our life here is just a vapor.

So please if others need help don't come off all condescending, since God gave you that knowledge that you claim to have, then please use it wisely and remember the Golden Rule.

I wish you all luck.


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Ohio
I don't recall anyone saying or even implying predatory lending is okay.

You Blondy have gotten all defensive over nothing. No one has attacked you. No one has called you names. No one has judged you. You have misconstrued everything anyone has tried to contribute to this thread.

All I tried to do was ask you a few questions to get to the facts of your situation. It's the FACTS that will make or break your case. Only FACTS can be used to determine fraud. For some reason you took offense. I agree some of these issues are embarrassing and may cause a person to feel picked on and maybe even blamed for their own problems....that was not my intent. 

You want to save your house. WE WANT YOU TO SAVE YOUR HOUSE!! But face it you will not save it by talking to people who will coddle you and tell you what you WANT to hear.

We don't have time to be delicate but don't accuse anyone here that's been here awhile of not caring. That is simply an unfair and untrue assumption.

Also, don't preach to ANYONE here about cancer. You haven't a clue how cancer has touched/infiltrated the lives of some of us. That was a low blow and I think you know that already.

If you want blood and guts honesty then stick around. If you want theories and fairy tales this is NOT the place to hang out.

You will not find a more compassionate group of people than right here. Lawyer wannabe's? No, not hardly.
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Ohio  - first of all your post is exactly what I am talking about. If I didn't agree with your advise then there must be something wrong with me ? Did you ever think that it might be the way you presented it to me? Going by the way you posted I would guess that you have a hard time talking to people....cause if I knew you in person...I wouldn't hang around you for long.

In case you didn't notice when people post on here they are also seeking compassion from others. Didn't you just ramble on about something about what a low blow it was to bring up cancer? Let me first clarify this...I don't know you or anybody else on here or what their stories are. You say I haven't a clue about what cancer has done to families. Are you serious? Once again you are one sided....cancer has invaded my life since I was 13....and it has touched more lives than you'll ever know.  Stop being selfish in your remarks.....it's not just all about you.....reach out and help people....that attitude is hindering you, it's not helping you. If you want to help people on here then for goodness sake have compassion on them....you want it right?

I thought this forum was an open forum - apparently not....you know what I''ll just pray for you it sounds like you need... as do I.

blondy
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Ohio
Blondy,

I watch my father die a little more every day from the cancer that is ravaging his body and slowly, painfully, mercilessly taking his life.

Your assumptions and conclusions about me are all wrong but if it pleases you to think the worst then by all means have at it.

Just know this... I wish you and your family all the best.

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