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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
arkygirl Show full post »
Harry
Nye-

I am a bit troubled why whenever anyone asks you for additional information or clarification on something you have said, you resort to name calling! This post was the first time you referenced looking at the general ledger for the appropriate entries, which leads to my next point. You always are running around saying how much you know, and then refuse to share any of it preferring instead, to just go on another tiresome rant!

Now I also suggest that any individual litigant getting hold of the companies GL is going to be slammed by objections, and only the most creative and forward thinking judge will override their objections!

So, before you go off on your next rant, how about telling us the rest of the story? We all know there mus be more, because what you delivered so far, just ain't that big of a deal. Before you start... I can read, am generally considered moderately intelligent, and can even communicate with people in a pleasant manner, even when I disagree. If only you could do likewise, we would all be better off!

Please remember... you have been doing this far longer with far more resources than any of us could possibly dream. So, when you come here and spout off on how we aren't smart enough, rich enough, or fill in the blank enough, you show you are just being an ass!

Harry

    
Quote 0 0
Ohio
Crabby????

Did I call anyone names??? Did I point any fingers directly at anyone???

What the hell was so "crabby" about my posts??? NOW I'm crabby!

The arrogance and the know it all attitude around here is getting really sickening. Especially Arky Girl.

Why do you have to be so condescending and so "right" all the time. You talk a lot but say nothing....at least nothing new.

You offer nothing that really helps any one but you are the first one to jump down a person's throat if they have a different perspective than yours.

I'm done with this forum......some of you aren't here to help, you are just here to feel important.

Quote 0 0
OK, Nye. Tell me HOW will I get the general ledger via legal means? Should I just ask nicely and they will give it to me? Or maybe I need to show a little skin and give them a nice glass or two of wine and then they will give it to me?

How, Nye, how? If they choose to withhold, they will withhold court orders be damned. No judge or court can prove a negative. If they withhold, the courts won't even know it!

BTW, the blogger at Housing Wire is about as "pro-bank" as I am (meaning not very much in case you have failed to notice). Some of us are realists and can see that this is a good ruling in some respects but it not going to save the world. Anyone who thinks it will is delusional.

While I have never asked or DEMANDED that others give me all the information pertaining to their individual cases, I imagine I have read at least as much about this issue as you have. People will occasionally send me things to look at and I keep that information safely with me. I was here long before you ever showed up, so my reading list has been pretty long and varied. I have already ridden the roller coasters of hope from the very highs to the very lows.

There must be an effort made to maintain an even keel while spreading useful information. To plant false hope as you do with your nearly unintelligible screeches and squawks-this is not the first time you have claimed to have singlehandedly cast the "magic bullet"-is cruel.

This ruling is good. It is useful. It will not be the end of foreclosures. People need to add it to their assortment of tools and stay aware and on the alert. And they need to stop sending you information, period. You are a scary man who does God knows what with that information, but if you handle it as "carefully" as you handle your posts here it may be spread from coast to coast by now!

Quote 0 0
Thank you for your critique, Ohio. Other than the original posting I have added very little to this thread.

In case you didn't notice, someone else said "crabby", not me. But thanks for thinking of me.

Have a nice day!

Quote 0 0
Ohio

you have a nice day too christine

Quote 0 0
I don't know a Christine. I am not she, and there are people here who can vouch for that.

If you have a problem with "Christine" please address it to and with her.

Quote 0 0
Ohio

No problems here...I

Quote 0 0
:) guess what?

It's a FULL MOON TONIGHT!

Quote 0 0
~beenawhile
~~~~LMAO!!!!
No wonder the entire board has gone a little nuts.
Yeah, yeah, me included.

Really yall, some strange stuff on this board the last few days.
and It really has peeked tonight. LOL
Quote 0 0
The moon doesn't have to be full for Nye to howl; he does it on dark nights as well.

I got an email from Mr. LaValle. He says I am a "sorry moronic loser" to paraphrase. He is entitled to his opinion.

What he did not tell me was how to obtain canceled checks, wire transfers and a general ledger from a company adverse to providing those things. If he knows how, he is playing "I've Got a Secret". Of course I did specify "via Legal means"....

I have decided that it is Mr. LaValle's game here is to throw things out here, things HE wants like canceled checks, wire transfers, and general ledgers. Then if anyone responds in a manner that indicates they know how to accomplish these things, an undercover email campaign ensues so that Nye can pick their brains and learn the methods to get what he wants. Sort of like a leech.

Nye helps "certain people" or so some newcomers to this board claim. I don't know of Nye helping anyone who has been here any length of time. I really think what Nye is doing here is helping himself. He feeds his inflated ego, creating hero worshipers to "adore" him and he accrues a lot of information. I wouldn't send him the name of my dog, let alone anything important.

Quote 0 0
Nye Lavalle
I told you dozens of times. get a GOOD lawyer! That's all the advice I have and when you do, I can help the lawyer. Other than that, can't and won't help anyone except for info I post form time to time and starting to think for some of you its a waste of time. You want to insult others, go insult those who screwed you not those helping so many.


Not if you think I am on my high horse, so be it, I don't give a damn since the tone of some morons on here who only want to throw stones at the only people helping anyone in any major way is arrogant and ignorant and I rather spend my time helping those that appreciate and know how to use the help, not criticize, whine and cry like babies! GROW UP!
Quote 0 0
:)

When I think of Nye, I see a gay old dude in a cape with one of those canes that has a gun in the end of it, like 007, LOL He who has to brag most likely has not one thing to really brag about. Good Buddy!

Quote 0 0
Nye,
 
I didn't say anything derrogatory towards you. But I myself know I sent you my information twice. You never called back. You never even took my attorneys number to effectively help.
 
Due to the fact that not all attorneys are as COMPETENT as u WANT us to believe we're here trying to do the best we can to win a HARD FIGHT. I KNOW you've seen my paperwork and postings. Have I totally caused all the HAVOC in my life no! This much I KNOW!
 
Anymore to me my attorney never gave me proper representation. As the only thing he ever got is a blank assignment document from them. So I ask what's the need in payment history? I know when I originated my debt. I know when I fell behind.
 
I found out where they've dropped the ball. I know I've caught them in the fraudelent actions that are coming out everywhere now. But I can't get into their dirty laundry from here and no attorney wants to attempt taking them on. Can you finally provide some useful assistance? How do I get what the judge decreed in court to stand up in county records?
 
To me just filing what the judge decreed in county records doesn't remove the fact that I originated the leins. Regardless of how much fraud is involved from 2nd and now possibly 1st...Do you know ANY REAL POWER PLAYERS AS YOU SPEAK OF?
 
IF not how do I get a judges decision to be turned over? to make the county records reflect all the havoc they've made me endure? We're all here almost everyday trying to make it a better one so EGOS CAN LEAVE!
 
There's business to be done! Please tell us something USEFUL!
 
I WOULD BE MOST APPRECIATIVE!!!!
 
THANKS!
 
 
Quote 0 0
~beenawhile
I really don't like all of this bickering on the board, yes i'm guilty of it too, and can most certainly understand Nye's position as he is being attacked.

We all understand how many of you feel that nothing has ever arisen from ways that people have tried to help you with.

I was given some good advice last year, bye Nye, unfortunately I couldn't make the Servicer produce what I was asking for.

Do I think Nye wants revenge? Hell yes, I've read his posts about his family, and his court proceedings and everything else in the "other" sections on this board. It's horrible what has happened to him and his family.


Do I think we have all suffered horribly? HELL yes!
Do we all want revenge? Hell yeah!
All of our families have suffered, that's why we are all here.

I don't know why Nye's is compiling cases, and individual borrowers loans, MAYBE IT'S TO TAKE ALL THE SERVICERS DOWN AT ONCE.

If you ask me that wouldn't be a half bad idea.

EVERYONE, on this board has their own motive, some of us help each other here directly, with our posts and suggestions.

Some of us here help others in email.

and some of us here help others by working in the back, in the dark, in secret, trying to get new laws passed, showing judges, attorneys, bankruptcy courts, examples of the many different ways a borrower can be fleeced. Now if there is a person doing all of this, (as mentioned in this paragraph) and that person needs, different individual loans, to show the MANY DIFFERENT illicit ways to the APPROPRIATE PEOPLE IN POLITICAL POWER,  then it is BENEFITING US ALL.

We may not see, the work behind the lines right now, and we may even feel like we have been "used" because we've shared what we consider "classified" info, Does that info really matter to you, as long as you know it is being USED TO STOP THE CONTINUATION OF SERVICERS IN AMERICA, who are taking homes away from the elderly, the sick, the families with young children, and YOU?

Like I said, I don't know what Nye's, motives are, but from the things he says, and the things i've read about him, He's working on classified crap.
And common sense tells me.............. and should tell everyone here..........
that if you are working on something classified, and trying to get the Political officials to truly "SEE" what is going on in America with the Servicers, then that individual working on it WOULD NEED EVIDENCE, AND PROOF TO SHOW, IT'S NOT ONE SERVICER, OR TWO, BUT ALL OF THEM. AND COMMON SENSE SAYS HE WOULD NEED TO SHOW ALL THE DIFFERENT WAYS, BORROWERS ARE BEING FLEECED!

Look, we're all consumed with fraud, and it really, really SUCKS!

All we can do is trust in those who say they are helping us, whether we can see it or not.

You couldn't expect that Nye take his family's loan doc to a judge and say here look at this they "screwed" my family, THE JUDGE WOULD LAUGH IN HIS FACE. BUT IF NYE TAKES 150 DIFFERENT LOANS TO A JUDGE AND SAYS LOOK, THEY "SCREWED" MY FAMILY, AND ALL OF THESE OTHER PEOPLE TOO.  The Judge would then HAVE to and I do mean HAVE to recognize, or at least acknowledge that what Nye claims is TRUE.

It makes perfect sense to me!
If i were a judge looking at one persons case i might say pffffttt.... Yeah, you're bitter, now run along boy, i've got better things to do than mess with the likes of you.

but if i were a judge, and you put 150 borrowers in my face, showing me what the servicers were doing, MAN YOU'VE JUST GOT MY ATTENTION.


(and btw, im not referring to class action law suits, the above was an example, with the thoughts of it happening during a luncheon with a Judge.)
Not involving the inside of the court room.

So now if the Judge is aware, that these cases REALLY do exist, (Thanks to NYE) and the next time one of US goes into a court room, and tries to recoup money for damages, reimbursement on the illicit fees, and free and clear home ownership. And the Judge listens intently, and you win. WOULDN'T THAT BE A GOOD THING?

But like i said we don't know what he is doing with all the documents, but from reading all the things he has posted........... My guess is that it is something like what i've stated above.

And if it is, He CANNOT DIVULGE who he has spoken with, and who has listened, because if he does, the SERVICERS WOULD THEN ATTEMPT TO BUY THOSE JUDGES, OFF. SO IF THE MAN HAS GOT TO WORK IN SECRECY LET HIM!!!!!!!!!!

The end!

Now all of you know this.............. I RESPECT YA ALL, I feel the pain of everyone here, and my heart aches from all the suffering. I want you to know this was not against anyone, and I'm not taking sides in this conflict, because EVERYONE is RIGHT, in their own mission.

I am not bashing anyone because of how they feel duped, or wronged, im just saying try to look at the big picture and the reasons for secrecy.

There's got to more than what some of us are looking at.

This will hopefully end, the bickering, and grudging that has been going on. That was the intentions of this post.

Again, I respect everyone on this board and their feelings, and their motives, hate me if you want, I don't care anymore......... The servicers have taken that away from me. But know! I'm not against you!

Now G Bless  everyone and Good Luck, and FIGHT ON! (with the servcicers!)


Quote 0 0
~beenawhile
Spaz1968 wrote:
Anymore to me my attorney never gave me proper representation. As the only thing he ever got is a blank assignment document from them. So I ask what's the need in payment history? I know when I originated my debt. I know when I fell behind.  

Spaz,

You're payment history means eveything. If you can not prove, all of the payments you have made, then you can not prove that the Servicers have misrepresented your monthly payments.

If you do not have your bank statements, or you cancelled checks, then there is a problem, and no Judge or Attorney is going to even look at your case without them.

If you don't have that information, you need to get it.
Getting bank statements can be costly, if you have alot to get.
What you can do is make a list of all the missing bank statements, and then
order one of the statements a week, or month (which ever suits your budget te best.)

If you paid with Certified Checks, or Cashiers checks, and you don't have that info there there is a problem, and I don't know how to help you.

Without "proof" that you made your payments you cannot do much.

The only thing that I can suggest is that you get "Account History Pages" from your servicer and hope to God that they have documented every payment, you made. I know they will have your payments listed as late payments, but as long as they are listed on there, this might be your only fighting chance.

So how were you paying them, by checking account, money orders, or other?


You have to get your paper work organized first, before you can solicit an Attorney, who would take you seriously.


Quote 0 0
BAW,
 
I have all my payment receipts. See they lost the owner of the 2nd note in less than a yr. and I unfortunately went the banko route to have the representation of an attorney.
 
But ATTORNEYS DO LIE AS WELL. Just as much as the servicers, and everyone else involved. I find the fact that its all confidential is Bull. But so far I must be winning. Maybe I'll take a copy of what's been proven in court to put in county records and see what they do.
 
I would think it'll hurt them more than me. Since, I'll be calling their bluff by putting on the record proof of their dishonesty. Maybe enough to reconize that I'm not the only one telling the truth. I tell you they're not calling or filing anything for foreclosure. As I am checking on a regular basis...
 
It seems like their in a deadlock...2nd has been waiting for 1st to foreclose. 1st is trying to say they can foreclose and extinguish 2nd lien however, they have to notify 2nd before they can do this and at least give the true owner right to be notified of such an action. But can't because true lienholder isn't steping up to the plate to be acknowledged. So what gives?

Quote 0 0
~beenawhile
Spaz,
I'd say you are mighty lucky thus far, that the 2nd  company isn't in full participation.

This is buying you some incredibly valuable time.
hope you use it well.
Good Luck
Quote 0 0
Evidence of systematic fraud.

As a former mortgage industry professional, I intially found Nye LAVELLE's assertions about systematic and widespread fraud and fabrication of evidence to be a bit incredible.  And the stridency of some of Nye's posts very often undermines rather than ADDs to Nye's credibility.

However my OWN personal experiences in litigating one case AND independent research RANDOMLY SPOT CHECKING public records would seem to BEAR OUT that mortgage investors, mortgage servicers and/or attorneys representing these entities ARE ENGAGED in SYSTEMATIC, persistent, widespread and eggregious document FABRICATION and routine FILE FABRICATED DOCUMENTS in support of mortgage foreclosure litigation!

I am NOT relying upon Nye's assertions.  I am relying upon MY OWN INVESTIGATIONS using readly available PUBLIC RECORDS rather than PRIVATE RECORDS.

Given the national scope and scale of the fabrication it is NOT practical for any one individual, whether an attorney or an expert witness, to identify and unwind the damage from the wholesale FRAUD upon the courts which seems to be underway.

It now occurs to me that there is probably a good business opportunity as an expert witness to identify and expose fraudulent document fabrications which seem to be occuring in so many cases.  A really good class action attorney bringing a case on the CORRECT THEORY could also make a mint, both for his firm and the affected victims!

I am NOT an attorney and CANNOT give anyone legal advice.  But I AM willing to take a look at documents tendered as evidence in foreclosure cases and can show victims how to PROVE that the evidence has been FABRICATED.  I have already done this pro bono for several participants in this message board (you KNOW who you are).  I WILL also do this for the next ten people who contact me and furnish their records.

Frankly, it would be UNECONOMIC for me to volunteer to appear in person to testify as an expert witness in YOUR cases on an uncompensated basis.  But I am happy to spend an hour or two of my time to SHOW YOU how you can prove that the documents furnished in evidence are FABRICATED (when that is indeed the case).  I would be particularly interested in assisting victims in Ohio and Florida where foreclosure practices seem to be under particularly close scrutiny.  If you need some help from someone EXPERIENCED in mortgage finance to look at your paperwork and show you what has been fabricated, please drop me a note!

Finally, I want to re-enforce that NO ONE should WANT TO BE in foreclosure litigation.  Everyone needs to be making their legitimate mortgage payments on time.  Those faced with foreclosure need to be looking for ways to pay past due amounts and clear up any delinquencies or defaults. 

But those faced with imminent foreclosure ought NOT be victimized by the pleading and presentation of false and misleading evidence.  These apparently WIDESPREAD practices are an affront to our rule of law and our legal system.  I would be really delighted to help one or more of you WIN YOUR CASE and see the attorneys who countenanced the furnishing of such false evidence sanctioned or disciplined!

I cannot help EVERYBODY for free and I CANNOT really afford to travel and appear as an expert witness in distant places, but in a number of cases, the evidence of fabrication is SO EGGREGIOUS and readily apparent that it needs only be pointed out to an HONEST JUDGE!

As a final note, I want to remind ALL that since I am NOT an attorney and CANNOT and WILL NOT give you legal advice, NOTHING you say in an e-mail to me and nothing you FURNISH TO ME can be PRIVILEDGED.  For that reason, it would be BETTER if those represented by an attorney have your ATTORNEY contact me.
Quote 0 0
Moose
William, what you're coming to realize is that it is not just a sloppy mess, it is somewhere between that and Nye's vast RICO conspiracy theory.

IMHO, in many instances it is a concerted decision on the part of the players in the industry to never admit they have made a mistake. In order to do that, they have to bend and break the truth from time to time and then fight to the death in court.

I recall over a decade ago attorneys advising their lender clients to not pursue systemic issues in their software on a retroactive basis.  In other words, if a problem is found, don't implement fixes or changes to computer applications that might require restating account balances - either way.  Better to avoid large-scale issues and hope for the best that you can adjust the ones that discover it and make it uncomfortable.

But the hard thing most people in and around the industry have to come to grips with is the fact that some percentage of the people they work with are actually dishonest enough to take advantage of situations when given the opportunity and motive. And once the culture of the organiztion is contaminated, dishonesty can thrive. It can even be rewarded.

So once that culture of dishonesty is imbued and a legitimate issue is raised by a borrower, the chances of a rapid resolution are about zero because part of the culture says that the subprime borrower is a deadbeat just trying to avoid making the house payment.

Moose




Quote 0 0
OHIO
A lot of you seem to think there is a magic bullet that will take them down with one clean shot. A lot of you seem to think NYE possesses this magic bullet and simply won't share........

throughout the past year that I've been visiting this forum I have not ONCE asked anyone for any help or sent my paperwork to NYE or anyone else to look at. WHY? Because of one simple fact..I'm not a moron and I can understand fact from fiction and fraud from mistake simply by looking over my own records.

While a lot of you are on here projecting one useless theory after another you are doing nothing more than avoiding putting your nose to the grindstone and making your case before a Judge and jury.

NO ONE on here EVER discusses common law causes of action but THOSE are what will make your case and if you don't have the evidence to PROVE your claims you may as well save the money you would have spent on an attorney and find a new place to live.

If you don't have a case NYE can't bestow one upon you or give you a magic bullet...there IS NO get out of jail free card and I am sick to death of this attitude there is and you want it right now by God or you will throw a fit.

Who do you think you are anyway?? You think the world should stop until your emails are answered and your paperwork has been looked at?? LOOK AT IT YOURSELF!! GET A FREAKING ATTORNEY AND FILE THE DAMNED COMPLAINT!!

That friends is the only magic bullet here. Hard work, evidence and nerves of steel. This forum will NOT save your home for you. You have to do it yourself!

Those of you that fail to see the significance of Judge Boyko's ruling only feel that way because the basis of his ruling doesn't help directly with the particular facts of your case. It's a self centered way of looking at it if you ask me. There is a significance there that is so broad that it's simply over your heads...or you aren't concerned with the broad impact because it doesn't do you diddly squat to save your own home.

Just accept the fact that you don't get it and quit demanding someone make you understand it. If your problem is round and one solution happens to be square you will never make it fit no matter how hard you try to pound it in there and make it YOUR solution. Just because the ruling is insignificant to your own particular case does not mean significance fails to exist.

Boyko may have made a mess for some lazy attorneys but he went to bat for borrowers and anyone that downplays this ruling is a RETARD and is clearly here to benefit the lenders and not homeowners trying to save their home.

I can say all these things because while most of you people were on here trying to make us all gape in awe at your profound intelligence my case has gone through the courts and I am now one vindicated homeowner. The little guy (me) prevailed. My home is mine! My nightmare is OVER and a magic bullet was not needed.

My magic bullet was mounds of evidence...a maxed out american express to pay my attorneys, a lot of sleepless nights, ruined eyesight from reading anything and everything I could find relevant to the facts of my case. I didn't waste one precious minute. 

Some of you need to put the war on the back burner and deal with the smaller battle of keeping the roof over your head first.

I have to wonder sometimes if ANYONE here truly has a pending court case....just who here is actually in foreclosure?! Anyone? Are those people being scared off because of the lack of meaningful help here??

This forum has been derailed bigtime and I think there are certain trouble makers and diversionists who need to troll other forums.

Bottom line if you are not here to HELP in a significant way then you are simply not needed or wanted.


Quote 0 0
Ohio,
 
I'd be really grateful if you maybe email me at jewels63366@yahoo.com ... If you could send me a tel # I'd be grateful as well. I've been trying to find out more about how to tackle all this. But I never went to Law School and have alot of knowledge about what your talking about but not complete knowledge.  What kind of complaint are you talking about? Any input you can offer would be greatly appreciated. Not looking for a MAGIC BULLET. But TRUE GOOD ADVICE OR KNOWLEDGE IN THIS ARENA IS HARD TO COME BY.
 
Thanks,
Kathy
Quote 0 0
Ohio
Kathy

It all boils down to the evidence. The proof that the wrong doing occurred and it prevented you from performing your obligation.

If the issue is non payment there aren't too many defenses available that will excuse your obligation to pay.

My situation did not involve bankruptcy...or note holder issues or any other legal technicalities...mine involved outright negligence/fraud in the handling of my account. To the tune of being fleeced out of nearly 30G's in an 8 month period.

The records we asked for and received through discovery were worth their weight in gold. It was their own records that proved many of our claims.

Judges don't want to hear about anything that isn't truly relevant to your alleged non performance under the terms of the note/mortgage.

These are basic concepts...there is no legal loophole here.

Quote 0 0
Ohio,
In most cases you would be right. But in my case your wrong. Since, the judge made the determination that we weren't to pay because they don't own and has no clue who owns. Had I never gotten behind I never would of caught them in their fraud. I've made several posts. Quite in depth...
 
While they may of fleeced you out of $30k in about 8 months. Could you imagine ending up paying for 30 yrs on a debt and not being able to get a lien release because someone took your money for all those years and never had a right to receive it? Then the possibility of paying them and having someone else come back to me and demand payments even though I've been paying this servicer because that's what I was informed to do..Then demand paymt in full?  Plus the other part of the fraud I've now found is in my first. With the YSP they put on my loan I have no clue as to why it's there.
 
Should I have qualified for a fixed rate? And at what price? Even if they just jacked up my rate by .25% that's over $25,000 over the life of my loan. And since I have no clue Why the lender gave them a YSP on the back one may never know if it's only .25% or more I may be charged over the life of my loan.
 
And maybe you have or haven't read in my posts where I've explained things in depth about my situation I have never been one to be in this kind of predicament ever.
 
Next week I'll be going in front of a judge for the first time ever. When you do your best to live by the book of what's right its not an easy thing to do. While I understand your attempts at discrediting everything you have your right to do so. And the judge may take the same opinion as you. However, so far he hasn't.
 
I will at least go to explain everything and listen to what I'm told and pray for the best regardless of your comments below.
 
Judges don't want to hear about anything that isn't truly relevant to your alleged non performance under the terms of the note/mortgage.

These are basic concepts...there is no legal loophole here

As the judge and other judges agree that if you owe money to someone your allowed to know who actually owns your debt that you've obligated to pay for the majority of your life.
 
My alledged non performance came about because yes I fell behind...And tried to correct. Then because I got nowhere in dealing with them and they initiated a foreclosure. Then yes this is when I found out their taking our money and not informing us of the truth.
 
My attorney has told me their attorneys would settle my debt either by a note sale which I could pick up probably for like $2,000 then release the lien. But if they have no clue who owns then how can they settle my debt? And why should they receive a dime?
 
And it does tie in to my alledged non-performance. As because they put me on credit as a non payer to where I can't refinance or sell my home to relocate for a job that would pay me what my skills are worth. And my physical capabilities leave my job opportunities to a limited area of employment. Plus I know of no women that would want the state to take her children and give custody to the father. As my hubby doesn't want to relocate and would fight me for my children and I know he'd try to get me for abandonment...
 
Good luck and god bless,
 
Kathy
Quote 0 0
Ohio

Quote:
Ohio,
In most cases you would be right. But in my case your wrong. Since, the judge made the determination that we weren't to pay because they don't own and has no clue who owns. Had I never gotten behind I never would of caught them in their fraud. I've made several posts. Quite in depth...

I assume you are referring to the judge in your chap 13? Was his determination based on their proof of claim being tossed? And as a result not included in your chap 13 repayment?
 
Quote:
While they may of fleeced you out of $30k in about 8 months. Could you imagine ending up paying for 30 yrs on a debt and not being able to get a lien release because someone took your money for all those years and never had a right to receive it? Then the possibility of paying them and having someone else come back to me and demand payments even though I've been paying this servicer because that's what I was informed to do..Then demand paymt in full?  

 
You signed a promissory note to someone correct?
 
Quote:
Plus the other part of the fraud I've now found is in my first. With the YSP they put on my loan I have no clue as to why it's there.

 
Should I have qualified for a fixed rate? And at what price? Even if they just jacked up my rate by .25% that's over $25,000 over the life of my loan. And since I have no clue Why the lender gave them a YSP on the back one may never know if it's only .25% or more I may be charged over the life of my loan.
 
 
If you have a predatory lending claim connected with your 1st mortgage this is a separate set of facts to a separate cause of action. Request through discovery the underwriters worksheets. They use a nifty little form that could answer some of the questions regarding what interest rate you actually qualified for. They will keep raising it to the point their predatory lending analysis kicks it back with a "don't press your luck" result.

Even though YSP's are not illegal (yet) You may be able to use the predatory lending/YSP as an affirmative defense to foreclosure. As I said above ask for the underwriters worksheets through discovery. They exist...don't let them tell you otherwise. 

 
Quote:
And maybe you have or haven't read in my posts where I've explained things in depth about my situation I have never been one to be in this kind of predicament ever.
 

 
None of us were ever in this predicament before. I have read them and I am still waiting for a response to some specific questions in a different thread. To be honest I've tried really hard to get at the nitty gritty facts of your situation. Fraud must be pled with particularity. If you can't break it down to us how can you break it down to a judge?
 
Quote:
 
Next week I'll be going in front of a judge for the first time ever. When you do your best to live by the book of what's right its not an easy thing to do.

 
What kind of hearing is it?
 
Quote:

While I understand your attempts at discrediting everything you have your right to do so. And the judge may take the same opinion as you. However, so far he hasn't.


What have I discredited Kathy? If the judge takes any opinion at all it won't have a thing to do with me.
 
Quote:
As the judge and other judges agree that if you owe money to someone your allowed to know who actually owns your debt that you've obligated to pay for the majority of your life.


I think you misunderstand. You signed a promissory note....if the owner of that note decides to sell it he can...if somewhere along the line the ownership can not be determined it does not mean you no longer have to pay because you have a right to know where the money is going. If that were the case MERS would be illegal.

What it DOES mean is they may not be able to enforce their rights under the  note. Whether in a proof of claim in a bankruptcy proceeding or a complaint in foreclosure. No where in the language of the note or mortgage are you given the right to know who eventually pockets the money. BUT in a courtroom you do have the right to know the person suing you has legal standing to do so...this takes us back to the Boyko decision.

Taking it upon yourself to not pay can only be a good thing if you know in advance the legal standing criteria of the court will protect you forever from every attempt to collect. 
 
Quote:
My alledged non performance came about because yes I fell behind...And tried to correct. Then because I got nowhere in dealing with them and they initiated a foreclosure. Then yes this is when I found out their taking our money and not informing us of the truth.

 
My attorney has told me their attorneys would settle my debt either by a note sale which I could pick up probably for like $2,000 then release the lien. But if they have no clue who owns then how can they settle my debt? And why should they receive a dime?


They have offered to wipe the debt away for $2,000.00? But you still say no because you don't know who owns the note? If it were me I'd take it and run and let anyone dare come out of the woodwork later and try to collect. Why wouldn't you settle?? You would be released of your obligation forever and ever and that is a bad thing??? 

I am not trying to discredit you or anyone else. I've tried to get to the gist of your complaint but am failing miserably at it.

No one is pointing a finger at you for falling behind in the payments. It happens. It's happened to me before. Sometimes there's too much month at the end of the money.


Quote 0 0
William A. Roper, Jr.
While I believe that Nye may have mentioned the MERS Milestone Report in other threads which were lost to posterity in an early MS Fraud Forum server crash, Nye mentions the MERS Milestone Report in this thread:

Quote:
Nye LaValle said:
Only seeing the MONEY trail match the ASSIGNMENT AND ENDORSEMENT TRAIL as well as MERS "milestone" records if you get them, will prove who owns your note at any given time.

Quote 0 0
Write a reply...