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 need some advice ASAP.  I have been fighting foreclosure for almost 1 1/2 years.  I ended up filing BK to try to "force" the mortgage company to work with me.  They (Chase - "successor in interest") filed relief from stay, which was granted. 

I just found a Federal law -- Bankruptcy Procedure Code and Consumer Protection Act of 2005 - that is actually supposed to be a "check and balance", protecting creditors from fraud of the debtors, and protects the debtors from being "exploited" from the creditors.  Didn't happen - I demanded the Original Mortgage Note, etc. but they responded with the "Judgement for Foreclosure and Sale" paperwork, stating "colorable claim" and that they "didn't need to prove "proof of claim". 

Now, after a couple of weeks, my house is back on the docket for Dec 18th.  I had requested a Motion for Injunctive Relief back in October, only to be "laughed at", and refused to be heard. 

I have been reading various posts about when banks "go under" before assigning notes.  WAMU filed lis pendens in July 2008.  They were "shut down" by the FEDS, and was bought out by Chase in Sept. 2008.  As far as I know, NO assignment to Chase was ever done before WAMU's demise. Does this mean that the note is "null and void"?  

Also, how/where do I find out who/where various assignments have taken place (ie pass-thru certificates, etc.)  I do know there have been at least three transfers (alll prior to the "collapse" of WAMU).

My last question is, do I file another motion for injuctive relief, or do I file an appeal (appeal has to be done before sale, as there is no recourse once it is done.)  Or do I file a Motion for "discovery of sorts"?  If I send a letter to them demanding to know who the owner of the note is, it will not be back until after the sale date. 
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    I hate to be the bearer of bad news, but the fact is, when you filed for
bankruptcy and listed your house as a secured asset with a lein against it, you basicly lost the game.
    What you should have done is list the house as an " asset" with no leins
against it. In this way, you would have forced the plaintiff to prove it was secured by showing the chain of title to the mortgage, which you have pointed out does not exist because WAMU went out of business so fast that no assignment was ever done.
     Perhaps your attorney can file a motion to amend the original asset
and liability statement, to show your house as an  asset, and the Note as unsecured  (which is in fact the truth).
     Essentially what happened here is that the Note got separated from
the mortgage lien. As a matter of law, the note is now unsecured and is
eligible to be modified in bankruptcy court. If your attorney can't correct
this, you may have a claim against him for malpractice since he should have
ordered a title search before filing your bankruptcy. Good luck!
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Mike,

Wouldn't the Trustee question this at this point, if I were to amend the filing?  It was in August the initial filing took place.  Also, if I did the amended filing, do I need to notify the creditors affected, or does the Trustee's office do that?  (I am Pro Se).
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The Equitable One
frustrated,

So what if they do? Sometimes it is a good move to put them in the position of potentially missing, or fouling up, a response. If they happen to miss a response "window" it may tip the scales in your favor. If they respond in time then you have kept them busy and forced them to expend resources.

A word of caution may be in order, however, as employing this kind of tactic frequently, or frivolously, may tend to p*ss off the court.

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    Since you filed pro se, perhaps you can study the rules of procedure and
find something that might allow you to amend, but the best thing to do is
find an experienced lawyer or paralegal to help you with this, since your home
is at stake.
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