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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A battle over a foreclosed home is shaping up in Simi Valley.

A family claims they were illegally evicted, and Saturday, they broke the locks and started moving back in even though the home has already been sold.

Jim and Danielle Earl, along with their nine children ranging in age from 3 to 23, returned to their house of nine years on Mustang Drive.

The family was evicted from their home in July after they fell behind on payments.

Their bank, GRP Financial Services, foreclosed on the home, but since then the house has been bought by an investor, remodeled and sold to someone else.

The new owners were expected to take possession of the home in a few days, but the Earls and their attorney hired a locksmith to open the doors so they could reclaim the house.

"This is a really exciting day, a day we've been waiting for," said Danielle Earl. "My kids have been begging to go home and we're finally home.

This comes at a time when some banks are halting foreclosures across the country due to flawed paperwork. The family and their attorney said the bank used fraudulent paperwork to force them out.

The Earls said they had been working with the bank to catch up on payments, but discovered a $25,000 difference between the amount they thought they owed and what the bank claimed they owed so they stopped making payments.

"This is only the beginning of this," said the Earl's attorney, Michael Pines. "I chose this family because we needed to get back in before the investor and the real estate broker defrauded a new family by having them move in, which would have created a bigger mess. (The Earls) have done absolutely nothing wrong."

Police arrived at the home Saturday but did not take action to make the family leave.

(Copyright ©2010 KABC-TV/DT. All Rights Reserved.)
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Good for them taking their home back

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If there is Fraud Upon the Court, the Judgment and the Sale can be voided.
Under Rule 1.540 of the Florida Rules of Civil Procedure a judgment can be set aside for various reasons including excusable neglect, newly discovered evidence and fraud on the court. The time limit is one year post judgment except when the judgment is void. Also the property owner can file an independent action and is not limited by Rule 1.540 time limits.  

KeyCited CitationRule 1.540. Relief From Judgment, Decrees, or Orders

(a) Clerical Mistakes. Clerical mistakes in judgments, decrees, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mistakes may be so corrected before the record on appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court. 

(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment or decree is void; or (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application. The motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding was entered or taken. A motion under this subdivision does not affect the finality of a judgment or decree or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order, or proceeding or to set aside a judgment or decree for fraud upon the court.


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