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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Trial court abused discretion in entering order requiring mortgagor's tenant to pay rents directly to mortgagee while foreclosure proceedings are pending where there was no competent evidence that mortgagee had made either a written demand for rents as required by statute or given written notice of default as required by mortgage -- Unauthenticated copy of default letter attached as exhibit to motion for assignment of rent was insufficient to establish that mortgagee had actually provided the required notice.

Link to the opinion:,%202013/2D13-3184.pdf

We reject Wane's contention that U.S. Bank had no standing to seek an assignment of rents without further discussion. But because, as argued by Wane, U.S. Bank failed to offer competent evidence to establish that it was entitled to an assignment of rents, we reverse and remand for further proceedings.
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