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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With so many lenders voluntarily dismissing this year (especially here in Florida, where new attorneys were assigned the b.s. cases from David Stern and others mills), I'm wondering why we're not seeing more written about this as a valid foreclosure defense tactic?

In Florida law (which is merely a copy of the federal statute), two voluntary dismissals basically equals adjudication on the merits, and therefore a dismissal WITH prejudice.  There is some case law in Ohio (Gulotta decision) on this, and I realize that there would be a fight back and forth whereby Plaintiff would try to show that the two different cases that they voluntarily dismissed were DIFFERENT (different dollar amounts perhaps, or the second one coming after a loan modification was done), and the Defendant would try to show that they were all part of the SAME case (perhaps they used the same Notice of Default, as they did in mine, for example).  So there's some "gray area" here, but it seems to me like this might be one of the next fronts on which this battle could be fought?

I can't be the only one out there that has two voluntary dismissals under their belt.

PaulR

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Paul,

I don't know your circumstance. I don't know if you are in a position or even willing to file Bankruptcy. Comming from Florida I know that the Federal Judge may have an interest in this when they file for relief of stay. It may be something to think about. But keep in mind that you will have to file a hell of a motion to object with nothing but the facts.

If you hire an attorney, you have to make sure that they "Get It"... You have to make sure that they prove a broken chain of title, etc...

I feel that the Federal Courts here in FL (Judges) listen and you don't have to worry about a rocket docket. Everything is done by the book.

You may win your objection. You may not. But you may also be discharged from the debt and they may continue in Civil. But in the long run you have a better chance in Federal Court.

That is my opinion as well as from my own experience.

cmc
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cmc wrote:
Paul,

I don't know your circumstance. I don't know if you are in a position or even willing to file Bankruptcy. Comming from Florida I know that the Federal Judge may have an interest in this when they file for relief of stay. It may be something to think about. But keep in mind that you will have to file a hell of a motion to object with nothing but the facts.

If you hire an attorney, you have to make sure that they "Get It"... You have to make sure that they prove a broken chain of title, etc...

I feel that the Federal Courts here in FL (Judges) listen and you don't have to worry about a rocket docket. Everything is done by the book.

You may win your objection. You may not. But you may also be discharged from the debt and they may continue in Civil. But in the long run you have a better chance in Federal Court.

That is my opinion as well as from my own experience.

cmc


cmc,

Thanks for your reply, but I'm a bit confused:  are you saying that my foreclosure defense has a better chance in federal court than it does in the State (circuit) courts here, and that by filing BK that puts my FC in federal court?

We looked strongly at BK at a couple of different points along the way, the past 4-5 years.  But by now, we've dug out of nearly 90% of the hole, and I think I"d like to just finish the climb.

PaulR
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Paul,

In my opinion and experience, "Yes". I feel that you may have a better chance in Federal Court. Due to the fact that they will have to ask the Judge to lift the stay so they can continue to foreclose in Civil Court.

If you file a motion to object and with facts. You may prove that they have no standing and the Judge will be on your side and may kick them out.

The other case may be that the Judge will lift the stay and discharge you from the debt. In other words; you will still fight them in Civil. Then again you may not win but you will not owe anyone a penny. You just walk away.With no debt....

A couple years later you will be back on top. Just keep your credit good from then on.

I don't know when you made your last payment to the bank. But you need to look at the statute of limitation as well. It seems that you haven't made a payment for about 5 years now from what I have read in your posts.

cmc
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No, there was a mortgage modification, and we made five or six payments under that during late '08- early '09.  I believe my last payment was in Feb of '09.
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