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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James
I found the PSA and the trust related to my mortgage loan. The closing date of the trust was five months before my closing to buy my house. If the trust closing date preceded the purchase closing date by several months, can the trustee sue for the certificate holders of a trust already closed? How could my note be in the pool at all, as the petition claims? I must be missing something. I would appreciate help to understand if this is commonly done and allowed for some reason.



 
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PaulR
James, these are confusing.  In my situation, I have the opposite -- my trust seems to have been formed in 2006 (I read the Prospectus, which incudes the P&S agreement), and it filed with the SEC in 2007 so as not to even have to file any more regular quarterly reports.   This would seem to me that it couldn't even ACCEPT an assignment to it in 2/2010, yet that's when MERS supposedly transferred my mortgage from my original lender to the trust -- 3-4 years later!

I was able to use this -- and other ammo -- to get my lender's attorneys to Voluntarily Dismiss at my docket sounding yesterday, but since it was "without prejudice," I'm trying to arm myself for what might come next.  Since I'll no longer be able to use the back-dating of the mortgage assignment as evidence of fraud, I'm thinking I need to dig more into the Trust, and its ability to receive new mortgage assignments years later.

sorry for the hijack, but thought this was related.

Paul

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