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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So everybody including Notaries are in hot water over the foreclosure thing.  Is anybody going to go after the judges who just sat there and rubberstamped millions of foreclosures on the word of the bank's attornies?

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     In my experience, the main problem the Judges have is a lack of understanding of the basic nature of a "MORT GAGE". I know I have said it
many times on this blog in an attempt to get across the concept that
the issue is not a "free house". The issue is who has "equity" in the property.
     When the original lender goes bankrupt (or even gets dissolved without
a formal bankruptcy) without having lawfully assigned the Note, THEN THE
DEBT DIES WITH THE DEAD LENDER. At this point, the "pretender lenders",
ie ROBBER BANKS, try to foreclose even though they have no "equity" in the
property. In such a situation, the borrower has won the "MORT GAGE", which
translated from French means "DEATH GAMBLE" but has to contend with a
third party, with no "equity" in the "gage" trying to steal the winnings of the
borrower. It's like a croupier in a gambling casino stealing the winnings of
the winners at the roulette table. The servicers are merely croupiers who
handle the "bets" ie "gages" and have no right to confiscate the "equities"
of the "house" (lenders) nor the "players"(borrowers). They are supposed to
be neutral and only take a "servicing fee".
       If the borrower paid into the "mort gage" for 20 years and built up 90%
equity before dying, the heirs would have 30 to 60 days to pay off the other
10% or the lender could foreclose. MORTGAGES ARE DUE ON DEATH! This is
where the lenders really make their profits so it is only fair that when a lender
"dies" prematurely the borrower should be the beneficiary, not the servicer.
Its alot like "joint owners" with rights of survivorship. Viewed this way, Judges need not worry about a "free house" to a borrower when the borrower
wins the "DEATH GAMBLE".
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The judges are culpable too. I am amazed that with all the forged docs, forged signatures, false affidavits that everyone on this board has been complaining about for years someone what one attorney just figured it out. Remember too this moratorium is only a chance for the banks to back peddle so they can "fix" their faulty affidavits and fuzzy assignments.

It did not matter what I said in my trial the judge did not listen. Of course I was pro se so I did not count because I was not an attorney. The judge shut me down when I questioned the "affiant" about her personal knowledge of my case. I guess I could have insisted. I felt the judge was more concerned about his bathroom break than on any possibly fraud that was taking place. The judge actually had the nerve to accuse me of wanting my home for free when I brought up the faulty assignment. Thank the good lord for court reporters.

I am lucky. I got a reprieve because of the moratorium. I got a $255,000.00 judgment against me on a $117,000.00 house. The one thing I feel good about is that I was shot down because supposedly I asked for too much. But the banks are never asking for too much.

The judges, the lawyers are all culpable too. I had four different attorneys over the course of six years. Only one got close to figuring out the assignment issue. The rest tried to force me into giving up. I think I have found a lawyer now who "gets" it. I think the whole legal system needs an overhaul. One of the cases that the Florida AG brought against the foreclosure mills here in Florida was thrown out because the judge felt that forging false documents was a matter for the Florida Bar. Yeah right. Maybe its time to get a watchdog to oversee the attorneys.

I don't know what is wrong with the system that it is so corrupt that it took at least 10 years for someone to even notice that forged assignments and false affidavits were being passed off as real. That the affiants had a real problem with simple arithmetic. That in my case the affiant claimed to have personal knowledge of my case yet only started in her position three years after they filed the lis pendens. Her affidavit was so riddled with typos and errors it was ridiculous. Case in point: she actually acknowledged receiving a payment but did not adjust the balance due. I was not allowed to question her on it because the judge told me I only had five minutes. Maybe I was too easily intimidated but I did not want to be cited for contempt of court.

There is always tomorrow.
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The Equitable One
Mike H,

I've seen you post this argument before. It is an argument I've not seen put forward anywhere else, nor have I encountered any case law in support of your argument.  Granted I have not searched for it, but I would recognize it if I encountered during any of my other research.

Given the rate at which some of the parties involved have been "closing their doors" I think we'd all like to see some case law in support. Do you have any of that? Surely if it is a winning argument you have case law in support. Please post this so that we may all become more familiar with the ways we need to be including this argument and the cases we can provide to the court in support.

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title searcher says:

Today at 11:20 AMReply with quote#14

As to the question of whether these issues should have been caught on earlier title searches.  I do title searches for a living.  While plenty of us have had questions about these things for ten years, we are required  by law to follow the title standards and statutes that are on the books at any given time.  There was, and still is, no title standard telling us that we needed to be able to demonstrate that the note moves with the mortgage, in fact, there's no way to do that, because unlike the mortgage there is no public record of assignments of the note.  While some of us have had these concerns for years, to have raised objection in contravention of the existing standards and statutes would in fact be illegal, a "slander of title", exposing us to lawsuits.  Setting the rules is not our job, so please don't point the finger at us, put it where it belongs, on legislators that deregulated the financial sector, and judges that issued judgments authorizing foreclosures without themselves making sure that the legal requirement for proper holding of the note had been fulfilled.  (I suspect the reason judges are coming down so hard now is because so many of them gave the banks' white-shoe lawyers the benefit repeatedly in these proceedings, and are being made to look really bad now as a result of their previous lackadaisical and establishment-favoring actions.)

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Anon, I can certainly understand your frustration and the sad part is you are Oh.. so right. We are, for the most part, honest people who believed the lies. Many of us just wanted the American Dream, but joke is on us. There is no American Dream....

The dream is a court room of judges who don't give us the time of day. We are the ones who will be kicked out of our homes, while these judges, banks etc...grease their palms with our blood. I hope they can all sleep well at night knowing what we know now.

The banks should be trying to work with homeowners. I have seen many stories of strategic defaults, people buying more than they can afford etc...and no, I do not think these people should be given a break, just as I don't think that people who can pay their mortgage should be given a break. It would be a pretty simple task to ask homeowners to prove they are indeed in need of assistance. I am pretty sure they could weed through people...but they are not....why??

People are losing their jobs and if they are lucky enough to find work there is a good chance they will be making much less than they previously did. My local news the other day said McDonalds was hiring....People cannot continue paying their mortgages when they are not making much less than they previously made. People cannot pay their mortgages when you adjust their rates to levels they cannot afford.

Come on we all know the economy has tanked. I am tired of hearing we are to blame for this. Assuring the proper paperwork is filed and that documents were not fraudently signed and the person has the right to take your home is our fault??

I have honestly lost my trust during this whole process. I am ashamed of the people that are turning a blind eye to all this. Maybe I too will lose my compassion and my good will towards men as they have. As long as they have a roof over their heads and food on their table.
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What is remarkable is that the Congress continues to sit on their hands while the rape and pillage of our individual wealth takes place without establishing a sitting task force at the justice department in Washington D.C. that takes in filings of fraud which could act as a database to support a filing in the D.C. circuit against National Banks that hold a national charter. Cancelling their charter when fraud has occured is only one sanction that is available to them and may be assigned for hearing before a judge that does not have a mortgage with any bank or does banking with any bank that is before the court for hearing.

President Obama has the power to establish by way of Executive Order the task force in the Justice Department that comes under his exclusive authority. He does.....NOTHING.....Like other politicians.......he talks a good game on the campaign trail and where the rubber meets the road...he is nowhere to be found.

Of course, our U.S. Supreme Court can hide behind the statute that says that they do not have to review state court decisions...which is not the way it once was.

Judges that aid and abet the fraud that is proved by certified documentation are guilty of a crime under 28 U.S.C. 241. They have deprived you of your rights under the law.....due process of the law as evidenced by certified documentation that you file with the clerk of the court.

We need the prosecution of judges for violation of your federal rights to due process under the 5th and 14th Amendments pursuant to 28 U.S.C. 241.

Most recently a federal judge was impeached by an Act of Congress for his gambling and falsification of documentation .......Proteus is his name. Another federal judge Samual Kent has had articles of impeachment read before the House. It is time to begin a process of bringing articles of impeachment before all judges who fail to abide by the RULES OF EVIDENCE wherein they give full and immediate relief to the party appearing before the court that brings evidence of fraud perpetrated on the court.

Judges in state court proceedings that are elected (38 of the current 50 states) are influenced by donations to their campaigns for retention or for election by the knowledge of who is donating to their bids. How can an everyday homeowner have due process of law before a judge that relies on campaign donations from Banks and finanacial institutions or attorneys that represent them??? Try to bring a motion for reassignment based on the potential of lack of fairness based on campaign contributions or relationship the judge may have to the bank that is foreclosing and see what you get....
He has every reason to give the bank and their fraudulent documents a pass ....maybe he's hoping for a document to arrive in the mail from the bank relating to his own mortgage loan that reads "SATISFACTION OF MORTGAGE"

Who knows what goes through a judge's certainly isn't your own welfare........although it is supposed to be.......he could not gain a thing by assisting you.....but, he has everything to gain by ignoring the fraud and waiting for the "Mortgage Release Fairy" to come visiting via the mails. All too often his buddies in the political machine appears before him representing the foreclosing bank.......if he rules against them he is subject to having his hopes of campaign contribtutions from that attorney or bank dashed on the rocks of his next re-election/retention bid.

The system is stacked against all of us that do not enjoy a J.D. degree...and it is a system that deprives us of our constitutional rights to due process of law based on fairness and lack of bias or prejudice based on our economic or professional status.

We need a new "Old Hickory" Andrew Jackson that casts these fraudsters out of our temple of justice and righteous nation....on the whole.

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Thank you!

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Thanks guys. I just got off the phone to the Florida Bar where I ranted about why hasn't the Florida Bar done anything about this. The banks could not have done their fraud without the assistance of the legal system (so called) attorneys (sic). There were attornies some  from major law firms not just the foreclosure mills that were complicit in this. I think the banks need to have criminal charges filed against them. If I walk into a police station and said hey guys I just robbed a bank do you think I would walk out of that police station??

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William A. Roper, Jr.
There are some very interesting questions from the FL Attorney General's Office in the deposition of Tammie Lou KAPUSTA of David STERN Law Firm (FL).

She is asked about what she knows about arrangements between the STERN law firm and FLorida judges in the creation of the so-called "Rocket Docket".  SHe didn't know anything (criminal).  But the question and her responses were fascinating!

No wonder the FL Judges granted a protective order!  They may not be protecting the law firms and robo-signers, but themselves!

Stay tuned!
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Oh yes....

I found is amusing when she said that many of the newbies were scared. One being Daphne Tako....I posted some of Daphne's signatures on the foreclosure hamlet. I think Kim Stevens was at the table next to her as I think they mixed up their paperwork at some point....opsss...

Maybe we need to hire some off-shore people to help us dig up more dirt on this scum while we are sleeping.....

I think David & Miriam will look great in pin-strips....
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16 Q Did you ever hear any conversations in the

17 firm about any particular judges or jurisdictions where

18 there were problems with getting the foreclosures?

19 A Oh yeah. We knew what judges were what. We

20 had what they called a bible. The bible contained every

21 bit of information about every judge and what they were

22 looking for. It made our job twice as difficult because

23 you had to go by the bible.

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to the Equitable One
    The case law on the "death gamble defense" would come from the 1930's
and the "Savings & Loan" crisis of the early 90's. One case in Florida would
be Booker vs Sarasota from 1998 which does not explicitly use the term
death gamble, but it illustrates the idea.
    A study of the "reverse mortgage" debate will also reveal the concept.
One justification for government involvement in reverse mortgage is that
they will help to pay off the national debt. Senior citizen equity is estimated
at between 9 and 19 trillion and in a reverse mortgage, the senior gets to
tap about 50% of the equity with the rest going to the government when they die. This is why the FHA is insuring them so more investors will invest
in them as a safe government guaranteed investment (of about 3%) right
    Brokers like them because of the yield spread premium (on the fixed rate
ones) on a 50% LTV 5% interest loan. The YSP is 2 points so if the investor
wants 3% on his/her $100,000, the broker can loan $60,000 at 5% to generate the $3,000/year interest. YSP= $40,000, broker gets 10% ie
$4,000 commission! Not bad for a low risk loan which is certain to be paid
off in the near future (based on current mortality tables).
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The judges are Robo-signers, too.

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