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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HI, I have heard about this defense strategy, ad nauseum, but when do you employ this maneuver? Let's say, you received your summons for foreclosure containing the complaint. You don't ask for the note right away, but probably ask for a time extension, then a motion to dismiss or answer, right? I am just trying to get a handle on how all these methods fit into foreclosing proceedings. Will await your assistance, DR

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Ginger
Derrick,

You should search this site for posts about this topic. It is not a simple matter of asking the plaintiff to produce the note and winning your case if it cannot do so; in fact, despite what you may have been told, or read online, the servicer usually CAN produce the original note. Also, most courts allow copies of the notes, which are readily available to the servicer.

Read and read again the posts from William Roper Jr. and others on this topic. You will find tons of in-depth discussions. 

Best to you!

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Thanks Ginger for the informative response. However, I have read tons of foreclosure material, and Mr. Roper's retorts and reports are duly noted. What I am asking, is what is the best time to ask that the original note be produced? I go through this in music recording all the time where someone learning the ropes asks for my help. I had to go back and painstakingly write out an order to the proceedings as if a step or misstep is taken it can ruin and render the whole procedure useless. So, if anyone can respoind to a particular case where there was success in the legal ponderings, I would appreciate it, thanks for lending an ear, Derrick

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Moose
The production of evidence is by and large governed by the local court rules.

This isn't legal advice, but time is critical.

Their filing should include information about what they will be introducing as evidence to substantiate their allegations.

The rules will dictate the steps and the timing for discovery and will most likely include a pre-trial discovery meeting and/or submission of a discovery plan/schedule that everyone will have to adhere to.

You may also have to attend a mandatory settlement conference (ADR - alternative dispute resolution) in which the rules of court procedure and evidence are far less restrictive. Failure to assert that you don't believe their evidence is viable in that setting may preclude you being able to challenge it later.

Again, this isn't legal advice, but delaying a challenge to evidence may backfire.

Question everything (as long as the rules allow) and stipulate to nothing. You can learn a lot about discovery and interrogatories from previous cases but remember most cases don't get to trial so what you see is a fraction of what has gone on outside the public eye.

Moose


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Jay_Son
Moose, would I be correctly paraphrasing you if I said,
"You shouldn't be asking to "produce the note"; you should be challenging the sufficiency of the plaintiff's evidence (e.g., their copy of the note), taking care to do so within the time constraints of the local discovery rules."?
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Moose
Jay_Son wrote:
Moose, would I be correctly paraphrasing you if I said,
"You shouldn't be asking to "produce the note"; you should be challenging the sufficiency of the plaintiff's evidence (e.g., their copy of the note), taking care to do so within the time constraints of the local discovery rules."?


Indeed.

Thanks.

Moose

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