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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I couldn't find any really good RFA's that were also easy to cut and paste so I'm trying to type in my own starter kit with special attribution to:   http://www.foreclosureprose.com/storage/forms/Discovery-Admission.pdf

This is to be targeted at everybody in the purported chain of title.  Thoughts, comments and especially more admissions please ?

PS - Don't worry about the question numbers... I just redacted some stuff and the editor isn't dealing with it very well...

Note: Include a solid DEFINITIONS section that broadens terms, e.g. “Employee” means owner, partner, principal, director, full time or part time, contract or direct, 1099 or W2.   “You” means you, your agents, attorneys, successors in interest, predecessors in interest, servants and anybody else who acts on your behalf.  “the Note” means the promissory note in this case.  “the Mortgage” means the mortgage security instrument in this case.  “Identify” means …, etc…

In response to each request for admission below, you may answer “Admitted”, “Denied”, “No knowledge” or “Objection”.  If you answer “No knowledge” to any request, please identify the individual or entity having such knowledge.  If you answer “Denied” to any request, please set forth the reason for your denial.  If you answer “Objection” to any request, please set forth the complete reason for your objection.

Freddie Mac.

1.      You cannot prove that you paid value for the Note.

2.      The original lender did not negotiate the Note to you.

3.      The original lender did not transfer possession of the Note to you.

4.      The original lender did not transfer rights under the Note to you.

5.      The original lender no longer has any rights to the Note.

10.  You are not the owner of the Note.

11.  You are not the holder of the Note.

12.  You are not in possession of the Note.

13.  You have no rights to the Note.

14.  You have not filed a lost, stolen, or destroyed note affidavit pursuant to UCC 3-309.

15.  You never had the Note in your possession.

16.  You never had the Note in your possession prior to its alleged loss.

17.  You lost the Note.

18.  You know who lost the Note.

19.  You don’t know who lost the Note.

20.  You don’t know when the Note was lost.

21.  You destroyed the Note.

22.  The Note was packaged into a securitized trust consisting of more than one loan.

23.  The trust was created by a Pooling and Service agreement.

24.  The Pooling and Servicing Agreement includes mandatory rules as to the time for the transfer of all original mortgage notes and security instruments (mortgages and deeds of trust) to the Master Document Custodian for the Trust.

25.  The Note was in fact transferred and delivered to the Master Document Custodian for the Trust.

26.  The Note was received by the Master Document Custodian for the Trust prior to the final date for the delivery of the same as set forth in the conveyance rules of the Pooling and Servicing Agreement.

27.  The Master Document Custodian filed a written report with the Trustee for the securitized trust in which it attested to the actual possession and custody of the original mortgage Note in this case.

28.  The named Depositor or the securitized trust in this case actually transferred the Note to the Master Document Custodian for the trust.

29.  The Sponsor for the securitized trust in this case actually transferred the Note to the Depositor for the trust.

30.  The Originator for the loan in this case transferred the Note to the Sponsor for the securitized trust.

31.  The Master Document Custodian for the securitized trust in this case verified in writing to the Trustee for the trust that it had confirmed an unbroken chain of transfers and deliveries of the original Note from the Originator to the Sponsor, from the Sponsor to the Depositor, from the Depositor to the Trustee for the Trust, and from the Trustee to the Master Document Custodian for the trust.

32.  The Trustee for the securitized trust in this case is the lawful owner and possessor of the original mortgage Note.

33.  No party, other than the Trustee for the securitized trust in this case, has any legal claims or rights in the original mortgage Note.

34.  Any and all documents that purport to transfer the original mortgage Note from the Originator to you would not be consistent with the mandatory conveyance rules in the Pooling and Servicing Agreement for the trust that actually owns the original mortgage note.

35.  The securitized trust that owns the Note in this case issued bonds to various parties who thereby acquired an ownership interest in the corpus of the trust.

36.  The corpus of the trust consisted and does consist of original mortgage notes such as the Note in this case.

37.  The bonds issued by the trust were rated by Fitch, Moody’s or Standard & Poor’s.

38.  The investment grade bonds issued by the trust could not have been sold without such ratings by Fitch, Moody’s or Standard & Poor’s.

39.  In rating the bonds, Fitch, Moody’s or Standard & Poor’s represented and confirmed to the potential bond buyers that the Master Document Custodian actually had physical possession of all original mortgage notes to be delivered to the trust, including the note in this case.

40.  In rating the bonds, Fitch, Moody’s or Standard & Poor’s represented and confirmed to the potential bond buyers that all of the original mortgage notes had been properly transferred and delivered to the Master Document Custodian in an unbroken chain of transfers and deliveries from the originator to the intermediate parties and from such parties to the said Master Document Custodian for the trust.

41.  In rating the bonds, Fitch, Moody’s or Standard and Poor’s represented and confirmed to the potential investment-grade bond buyers that all of the original mortgage notes had been transferred to the trust in true sales from each party in the chain of transfers and deliveries.

42.  The prospectus for the trust in this case represents that the mortgage loans are owned by the trust and are bankruptcy remote from any claims against the originators of the said loans.

43.  The prospectus for the trust in this case represents that each transfer and delivery of the original mortgage notes from the originator to the sponsor, from the sponsor to the depositor and from the depositor to the Master Document Custodian for the trust was a true and arms-length sale.

44.  The Prospectus for the trust in this case represents that the trust is the lawful owner and possessor of all original mortgage notes included in the trust, including the mortgage loan in this case.




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