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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On my loan docs and on the foreclosure papers I have Bear Stearns asset backed securities trust 2006-2 listed. I closed on may 5th 2005. How long do they have to put the loan in that trust? I looked up the trust in edgar and found in the Prospectus that the cut off date was 6-1-06 and closed on 7-11-06. I thought the loan would be in a trust dating in 2005.
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Bill
If you read the trust documents it will tell you WHEN the trust was opened as well as closed.  I don't think it was uncommon for them to be open (able to accept loans) as long as 18 months, some even longer.  The trusts often also had an extended "window" past the cut-off date that they could replace non-preforming loans. 

All of this could be obtained with effective discovery.  It has been discussed several times here that in-depth discovery of these trust documents is usually NOT a good idea.  You are telling them to get the information they need to prove their case when they may not know where to look otherwise.  Also, it is often better to let the Plaintiff take a position and perjure themselves rather than show them what they SHOULD be telling the court. 

It appears you have already finished litigation and have a judgment against you.  I don't think this information is going to help your situation much.  Try to find an attorney.


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Thanks Bill. I will have to find an attorney sooner or later it's just a matter of getting enough money to get one and then one that knows how to deal with this. I am currently getting loan mod apps from United Guarentee. They claim that they are the insurer of the loan. Should I bother to talk to them or are they just jerking my chain?
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Bill
I personally would talk to them and even go through the process of the modification whether or not you plan on taking the modification.  It usually would buy some time to allow you to save for an attorney.  I do understand your position.  If you had thousands to give an attorney, you would not have been in foreclosure.  The problem is that a large portion of the fight is over when the Plaintiff received a judgment.  I do wish you the best of luck.


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I have a case with the OCC. Will their findings help me at all. Also are their people on this site that are on here on the banks behalf to discourage us???
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George Burns
I doubt that the banks or mortgage servicers would bother spending time on Forums and Boards. There are not enough viewers on all the forums and boards put together that would have any statistical significance to them Think of how many people have already been or are pending or are in litigation, then divide that by the number of various banks. That gives you an average number, but remember that apparently less than 5% try to defend. So you have an even smaller number. 

The people who come to Forums like this one, are a small percentage of that less than 5%. An insignificant number of people.

What I think that you will get are "lone wolf" self motivated employees or people who for some reason, jealously perhaps, who dislike those who defend of fight foreclosures, who will post discouraging things and even mislead.
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Thanks for the uplifting replies guys. Most of us don't know what to do when hit with a foreclosure. Sure get a lawyer. Well guess what? They don't know either. I did contact several lawyers in my area. Most of them just said that there is nothing  I can do to stop the bank. They have all the cards stacked in their favor. This judgement was a year ago. I wish I would have found this site before then. But now I am stuck. I am still in my house. The sheriff's sale has been canceled since June. Maybe I have some breathing room maybe not. Bill and George have me thinking I am doomed. Is that everyone else opinion?  I read Vince Khan's book and now I find he full of it. Or am I wrong there too? How about the Gail Simmons site? She has about the same info as Vince?  I feel like a rat stuck in a very complex maze.
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George Burns
It is unfortunate that you read Bill and me as saying that you are doomed. That is not what we said.

You are doomed statistically if you do not fight the foreclosure.
You are doomed if you do not fight timely. There are rules.
You are doomed if you do not fight effectively. Sending letters to parties who have no relevance or standing does not help your court case. Only things relevant to your court case can help your court case.
You are statistically doomed if you try to fight at this stage, by yourself pro se. There is most likely not enough time for you to learn enough or to research enough to effectively represent yourself.
You are doomed if you do not have the ability to select a good lawyer.
You are statistically doomed if you try to use the Bankruptcy court, pro se.

That is what I am saying.

So what do you do? Stop reading all those websites that are trying to sell you their wingnut theories or compilations of irrelevant issues.

There are guides readily available on the home page of this site and in the Library. You can also visit http://www.foreclosurehamlet.org and http://www.stopforeclosurefraud.com . There is much information available. Since Bankruptcy seems to be a possible option in your case read things published by O. Max Gardner .I think that his website is http://www.maxbankruptcybootcamp.com

As far as selecting a lawyer goes, I must point out that being a lawyer does not mean that he/she is experienced in every area. All it means is that he/she has a law degree and is licensed to practice. You need to speak to lawyers who are experienced in foreclosure defense and in using bankruptcy as a foreclosure defense. Probably 2 different people.

Look at the case files in yout court jurisdiction and see which lawyers are being successful. You might be able to also find one by looking at the cases that you see selected for showing on the various websites or by using the "Search" function.
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Bill

Bruce wrote:
I have a case with the OCC. Will their findings help me at all. Also are their people on this site that are on here on the banks behalf to discourage us???


This is an area of confusion to quite a few Pro Se litigants.  If you have an outstanding case with the OCC, HUD, or any other agency, this will NOT effect a judgment against you.  These organizations CANNOT overturn a judgment.  The rules for your jurisdiction will give a time line for appeals, motion to correct error, etc... if you feel a judgment was entered against you incorrectly.  IF you do not take action during this window you have WAIVED this right.  It's not a matter of being right or wrong, it's a matter of following the rules.  There has to be an end to litigation.  You can't just fight in court endlessly (but a few people have tried).  The court system seriously can't have someone decide to challenge a judgment from 10 or 20 years ago because of "newly discovered evidence".  The rules allow for discovery which is intended to allow all the parties to uncover the facts of the case as well as evidence.  This is why it is VERY IMPORTANT to follow the rules, use them effectively (discovery), and clearly frame SUPPORTED arguments for the judge so that if later a decision is entered against you there is some avenue for you to have the judgment reversed. 

The same is true with HAMP modifications.  I have seen quite a few people applying for HAMP get judgments against them thinking that the proceedings were delayed, or a final judgment would not be entered.  Once a judgment is entered, your fighting an uphill battle with very few options. 
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Bruce,
Not all lawyers know how to do Foreclosure Defense. Go to this site and print out some legal pleadings and Appeal Opinions favoring Homeowners from Appeal Court . I have collected them for Prose and Lawyers . http://www.scribd.com/my_document_collections

Show them to your potential lawyers and ask "Can you do the same strategy for me and how much?'. Search for a good Personal Injury Lawyer who has some knowledge of Real Estate and who needs business. If he wants to do Foreclosure Defense, I can email him Foreclosure Defense Material from April Charney Esq. seminar and others so he can see how other elite lawyers do.
On my site there are samples of all kinds of Motions, Discovery, case law, bank fraud documentation etc so he does not have to spend a lot of time on research and writing pleading from scratch,

Tell him to read http://www.mattweidner.com/blog to see how an elite Foreclosure Defense lawyer in action.  I believe Personal Injury Lawyers are good candidate for Foreclosure Defense because they are familiar of Pre Trial Procedures ; how to write legal pleadings, set up Discoveries, witness subpeona to set the ground for Trial and how to handle Trial in Court.  Ideally I'll look for lawyers who also practice Appeal. It will send a signal to the Bank lawyer that my lawyer and I are ready for Appeal if it needs be. Sometimes you need to show big gun to settle a dispute.

If you can't afford a lawyer and want to do it Prose, then get this book for $39 - http://www.nolo.com/products/represent-yourself-in-court-RYC.html,
read http://www.foreclosureprose.com and
complete Foreclosure Defense case from April Charney
It  helps.
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Bruce,
First you have to read http://www.foreclosureprose.com, the April Charney link and some pleadings at my site so you have some knowledge about legal defenses.

Then call at least 5 attorneys on this link and get appointment to see them. First consultation should be free. Get your case document together and ask them what are your options. Show them some legal pleadings printout you have. Don't pay anything, don't sign anything, tell them you want to think over. I don't bring checkbook and credit cards to the interview.
http://www.google.com/#hl=en&cp=41&gs_id=4o&xhr=t&q=foreclosure+defense+lawyer+madison+winsconsin&pf=p&sclient=psy-ab&source=hp&pbx=1&oq=foreclosure+defense+lawyer+madison+winsco&aq=0w&aqi=q-w1&aql=&gs_sm=&gs_upl=&bav=on.2,or.r_gc.r_pw.,cf.osb&fp=cfc3d9a59c65e3bb&biw=1284&bih=599

Ask them if they can file the Motion for Reconsideration and Vacate the Judgment and go to Hearing for you. It takes about a month to get a Hearing so you can educate the lawyer more about foreclosure defense. I can send him more educational material.

As long as you still own the house title, there are still hope and legal procedures to fight. I would also file discovery to get more info and keep the case from going to the Sale clerk.

Not a legal advice. Consult an attorney


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Thanks Ann


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