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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stillinMyHome
I know this has been gone thru on this site before but what if your loan is not in the trust mentioned on your foreclosure papers or that it's entry into said trust is invalid for what ever reason? For instance a bear stearns trust that was taken over by JP Morgan.  Does the bank still have the right to foreclose? 
 I know from past post that it usually is in the trust mentioned on the foreclosure paper but with the way they have been handling these trusts one wonders.
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Neil

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I know this has been gone thru on this site before but what if your loan is not in the trust mentioned on your foreclosure papers or that it's entry into said trust is invalid for what ever reason? For instance a bear stearns trust that was taken over by JP Morgan. Does the bank still have the right to foreclose?
I know from past post that it usually is in the trust mentioned on the foreclosure paper but with the way they have been handling these trusts one wonders.
 

 

Under the UCC, ownership of the instrument doesn't matter.  The entity which is the holder of the negotiable instrument is entitled to enforce the instrument.  In most judicial foreclosure states, the plaintiff must be the holder at the commencement of the suit.

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stillinMyHome
So if I some came up with the money to pay off my loan how do I know that it went to the right place? Would you trust that a bank would apply the payment to the right fund? I would not. They will most likely loose it and foreclose anyway. So how can they foreclose when they don't even know where the loan is?  I do not trust banks. They pulled allot of crap on me before. They will not modify my loan because of investor guide lines. When I ask who they give the run around. If they take my house I am going to leave the biggest pile of crap they ever seen. Bunch of f*&(&n crooks.
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Dave

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So if I some came up with the money to pay off my loan how do I know that it went to the right place? Would you trust that a bank would apply the payment to the right fund? I would not.
 

 

You waived presentment when you signed the note.

 

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I would not. They will most likely loose it and foreclose anyway. So how can they foreclose when they don't even know where the loan is? I do not trust banks. They pulled allot of crap on me before. They will not modify my loan because of investor guide lines. When I ask who they give the run around. If they take my house I am going to leave the biggest pile of crap they ever seen. Bunch of f*&(&n crooks.

 

If you pay the full balance due to the servicer demanding payment, they will not foreclose.  Moreover, if you have the balance to pay and the matter is already in a judicial foreclosure, you can deposit the balance with the court and ask the court for a declaratory judgment as to the entitlement of the plaintiff to the proceeds.  In this way, you will have a final order that discharges the debt and clears the mortgage lien.

 

If you vandalize, damage or destroy a property subject to a lien, this is a serious crime in most states.

 

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Did you come to the Forum to vent or to develop a viable foreclosure defense?  Perhaps you should start browsing or searching through other posts to ascertain how to defend your property rather than simply expressing your anger and hostility when someone shows you that the avenue you are pursuing is useless!  

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stillinMyHome
I did not know that. Yes I am venting. Sorry it is very frustrating to know that the banks have all the leverage and we the borrowers have very very little. They get away with the mess they made while the rest of us suffer. They get bailouts. We get the boot.
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Mark

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I did not know that. Yes I am venting. Sorry it is very frustrating to know that the banks have all the leverage and we the borrowers have very very little. They get away with the mess they made while the rest of us suffer. They get bailouts. We get the boot.
 

 

Mr. Roper has over the past several years presented within the Forum several exceptionally viable defenses which have been successfully employed by Forum participants.

 

Some here at the Forum quickly become testy and even hostile when a new participant shows up extolling an invalid approach, especially one of the approaches which have been popularized solely as a means of selling distressed borrowers useless scam products.

 

Read through past posts carefully and you might still find some very viable arguments to slow or stop the foreclosure. 

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