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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The Equitable One
OK, I must no life outside of fighting my fight. I'm the last to post on many of the first page threads this morning.

Reading the UCC this morning and happened upon Article 3, section 305.

§ 3-305.  DEFENSES AND CLAIMS IN RECOUPMENT.

(a)  Except as otherwise provided in this section, the right to enforce the obligation of a party to pay an instrument is subject to the following:

(1) a defense of the obligor based on (i) infancy of the obligor to the extent it is a defense to a simple contract, (ii) duress, lack of legal capacity, or illegality of the transaction which, under other law, nullifies the obligation of the obligor, (iii) fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms, or (iv) discharge of the obligor in insolvency proceedings;

Item (iii) lept off the page and smacked me upside the head.

Has anyone attempted a defense, or filed suit, on this basis? Many of us have been victims of one or more of the many layers of fraud or negligence that seem to be standard operating procedure in the mortgage industry in the past decade.

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Sara
I can understand your newfound obsession with the battle!  I'm not sure of this tactic but I don't think it can hurt,

I do wonder what has happened to some of the people who used to post here.  Did they just give up, like so many others have done?

How many people come here and lurk?  Are they afraid of the companies coming here to see who and what is being said?

S

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The Equitable One
I think some of the more knowledgeable simply grow too weary of keeping up with all of the sad stories. I can understand that.

Those of us involved can be hard to deal with, myself included. Stressed out and terrified for many, many months, with no help from any qualified professionals, abused by the court (yes, pretty much total abuse of discretion), etc. I've become something of a ticking time bomb and have had difficulty controlling my moods and behaviors.

I lashed out at one of them a few weeks ago, and he was already weary of dealing pro se litigants, in part at least because of exactly the way I treated him. I understand both of our perspectives.

I fight because I really have no reasonable alternative. If I go down (and I may not) I'll go down swinging

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Stephen

Past decade?  This crap has been going on for 50 years.

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I am preparing a lawsuit and was glad when I found this site and learned that I was missing so many things to add to my lawsuit from what happened.

Like the Usuray post.   When went back and looked at my paperwork. Voila!  That is what happened to me.  So now I'm wonder what this Arctle 3 is?  What would it be called.  For instance TILA?



The Equitable One wrote:


Article 3, section 305.  DEFENSES AND CLAIMS IN RECOUPMENT.

(a)  Except as otherwise provided in this section, the right to enforce the obligation of a party to pay an instrument is subject to the following:

<>(1) a defense of the obligor based on (i) infancy of the obligor to the extent it is a defense to a simple contract, (ii) duress, lack of legal capacity, or illegality of the transaction which, under other law, nullifies the obligation of the obligor, (iii) fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms, or (iv) discharge of the obligor in insolvency proceedings.
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Knows About UCC
Article 3 is part of the Uniform Commercial Code (UCC).  The UCC is a model state law covering much commercial financial  interaction.  It has been voluntarily adopted in substantially identical form by all of the states.  The UCC covers such things as check clearing, negotiable instruments generally, secured transactions.

The UCC is basically the law that applies to promissory notes (negotiable instruments) nationally.  This law is fairly uniform throughout the country.

By contrast, the law of mortgages and deeds of trusts is extremely Balkanized.  Each state has its own laws regarding real property and mortgages.  For this reason, while suing under the promissory note is faily straightforward, subect only reeally to variations in court ruls from state to state, the law of mortgages as applied to foreclosure differs widely.

There is a very nice UCC site at Cornell University Law School's Legal Information Institute (LII) web site.  You will find many other useful UCC resources online.
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Knows About Crazy People

The Equitable One wrote:
I think some of the more knowledgeable simply grow too weary of keeping up with all of the sad stories. I can understand that.

Those of us involved can be hard to deal with, myself included. Stressed out and terrified for many, many months, with no help from any qualified professionals, abused by the court (yes, pretty much total abuse of discretion), etc. I've become something of a ticking time bomb and have had difficulty controlling my moods and behaviors.

I lashed out at one of them a few weeks ago, and he was already weary of dealing pro se litigants, in part at least because of exactly the way I treated him. I understand both of our perspectives.

I fight because I really have no reasonable alternative. If I go down (and I may not) I'll go down swinging


And now you know exactly how Timothy McVeigh felt. 

I really think the government taunted and picked at him until they drove him to cross that fine line.


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Knows About UCC,

Thank you for the clarification.  Much appreciated.

As a side note, when you suggested going to Cornell web site, it got me thinking.

I wonder if other Pro Se mortgage Plaintiff's have this same challenge.  The legalese is making my eyes gloss over.  I did like some suggested in the WJFA support group and went to the law library.

I beginnging to think I'm among those people that if someone draws me a picture, shows me, I get it.  If I got to read it, espeically legal jargon, I'm drowing in the sea of information.

I dare say when this over, I may very well be ready to take a bar exam. 

Thanks



Knows About UCC wrote:
... The UCC is basically the law that applies to promissory notes (negotiable instruments) nationally.  This law is fairly uniform throughout the country.

By contrast, the law of mortgages and deeds of trusts is extremely Balkanized. 

There is a very nice UCC site at Cornell University Law School's Legal Information Institute (LII) web site.  You will find many other useful UCC resources online.
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Knows About UCC
Quote:

Originally Posted By Knows About Crazy People
And now you know exactly how Timothy McVeigh felt. 

I really think the government taunted and picked at him until they drove him to cross that fine line.


I have NO IDEA how Timothy McVeigh felt.  But I cannot conceive of ANYTHING that has been perpetrated that would justify killing hundreds of people in a terrorist attack!

You need to constructively challenge your anger.  Are you even registered to vote?  Do you vote in every election?  Do you canvass for your favored candidate?  Do you work at a polling place at an election?  Do you make political contributions?

Suggesting that ANYTHING that servicers do would justify domestic terrorism is VERY OFFENSIVE TO ME.
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Tom Schauf, C.P.A, explains this very well. He uses "fraud in the factum" and explains it in his books....Google his name....you will get lots of info!!

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To all,

I'm still in the fight.  I read msfraud daily and occaasionally post if a question hasn't been covered.  Frankly, it has been a tremendous source of information and quite probably a lifeline.

When I was pointed to this site by Gary Wait some five years ago, I went back as far as it went and read every post.  I reccomend this to all newbies.

I always post my email address. 

We're in Appellate court now.  I believe we have a good chance.  Law is on our side. As is probably everyone else on this site.

Keep us in your prayers as we do for ya'll.

Best,
Bob & Stacy
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anon

me too. five years and counting. suck on that countrywide.

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I'm still here... fighting foreclosure is a ton of work... these banksters and fraudsters simply do not give up! Litigation is unending... you just have to keep on fighting... it's tiresome and overwhelming, but you just cannot give up... that's not an option! I read this site everyday.. it's a wealth of knowledge.. thanks to everone for sharing. Hopefully, I'll post again soon. God bless!

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