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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another interesting question-i am working with a news producer who contacted the loan servicer about the improprieties in my paperwork and they proceeded to discuss my payment history with the producer. unless i give written permission for them to discuss this, isnt it a violation of fair credit reporting act and fair debt collection practices act?
just curious
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James
My lawyer says the Banks do what ever they want to until they are forced to do otherwise! This sounds like a smart ass comment but I do believe it is a good datum when dealing with the Banks!

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Sara
They aren't supposed to discuss anything about your account unless they get a waiver in writing from you.

S
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true but I don't think there is a right for private action when they violate only the FTC can impose fines & they continue to look the other wa y while we all get screwed

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Knows About FDCPA
Lindsay:
 
Such contact would appear to me to probably violate Section 805(b) of the Fair Debt Collection Procedures Act.  [15 U.S.C. 1692c]  See, for example:
 
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
 
There IS a private right of action, but it seems to me that your challenge is going to be establishing damages.  Moreover, IF there are damages, it would seem that there is also a problem distinguishing between the effects of YOUR OWN communications with a media outlet and THEIR communications.
 
IF the servicer makes various false and defamatory representations, then it would seem to me that there is a possible basis for a liable or slander action.
 
This is really a rather tricky area.  Leaving YOUR situation behind, suppose that SMITH contacts the news media and alleges that Monolithic Bank is engaged in some sort of misconduct.  And suppose that SMITH furnishes FABRICATED records to prove that the bank engaged in such conduct.  Then the media outlet contacts Monolithic and asks them to admit that they are crooks.  The media company then CONFRONTS Monolithic with the purported evidence of their misdeeds.
 
Monolithic checks the records and ascertains that SMITH totally faricated the evidence.  Can Monolithic share teh TRUE information in respect of SMITH's account with the media outlet.  FDCPA would seem to suggest that the answer is "no".  But if it FAILS to defend itself, Monolithic may be on the receiving end of negative news coverage that could cause serious injury to the institution.  And SMITH probably doesn't have the financial means to make restitution even IF Monolithic sued and won a money judgment against him.
 
(Of course, this presupposes that there are still any honest financial institutions in the U.S.)
 
If Monolithic DOES defend itself, then it may have breached FDCPA.  But what is the measure of damages in this case?  SMITH seems to be harmed by the disclosure of his dishonesty.
 
My guess is that in this sort of instance, that the bank's attorney is going to say, yeah, its a violation, but we will take our chances in court.    
 
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I am NOT implying that I believe that you have made any false representations.  And in terms of fabrications, from the evidence I have seen most of the fabricating is being done on behalf of the servicers.
 
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But I would CAUTION ANYONE who wants to go to the media with a story that pertains to their own financial circumstances that they need to carefully consider the consequences, including the impact on a case being litigated.  Played well, the media can be a friend and can be enormously helpful in exposing wrongdoing and helping right injustice.  Played poorly, you may furnish evidence to your adversaries, waive attorney client privilege, telegraph litigation strategies, alienate your judge, and undermine your own case.  BE CAREFUL!
 
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One additional afterthought:  One ADVANTAGE that smart, energetic, well organized, and dedicated pro se litigants have is their singleminded dedication to their case and all of its facts and legal nuances.  For the foreclosure mill, your mortgage foreclosure is just one hundreds they are juggling that day.  The foreclosure mills are a volume business. 
 
If you are clever, you can make that WORK FOR YOU.  If you DRAW ATTENTION TO YOURSELF, they may decide to MAKE AN EXAMPLE OF YOU.
 
There are good arguments to be made both for and against telling all to the news media.  But you need to be particularly attentive to precisely WHERE YOU ARE in your foreclosure litigation and think through the likely and possible consequences of your disclosures.
 
Hope it all works out well!
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