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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
Quote 0 0
Quote 0 0
I have eluded all the wars since I was born in 1959.....but I plan on going to war against Washington Mutual (the Mortgage Servicer)? and their affiliates Long Beach Mtg. Co. and finally DEUTSCHE BANK, listed as the Trustee on my 1/7/08 forecosure.
Quote 0 0

I am PRESUMING that your question pertains to your HUD-1 Settlement Statement.  You are REQUIRED to be given a copy of your HUD-1 Settlement Statement at CLOSING.  The mortgage originator, title insurer and/or closing or settlement agent (the lender's attorney in some states) [whoever orchistrated the loan closing] is REQUIRED to prepare and give you the HUD-1 and YOU would have been required to SIGN a copy acknowledging the correctness of the settlement transactions and that you RECEIVED A COPY.

I you have lost or misplaced your copy, your best alternative is probably to seek a copy from the mortgage originator, mortgage investor, mortgage servicer and/or title insurer via written discovery.  In most states, you cannot initiate written discovery without first filing a law suit by petition or complaint.  UNLESS YOU ARE REALLY, REALLY SMART, HAVE A LOT OF TIME ON YOUR HANDS AND MORE THAN A PASSING ACQUAINTANCE WITH THE LAW AND COURTROOMS, YOU ARE GOING TO NEED AN ATTORNEY TO ASSIST YOU.

Also, bear in mind that with respect to requests for production, the opposing party usuaally is NOT required to produce those documents which are equally accessible to the party requesting discovery.  So the very first thing that the mortgage servicer's attorney is going to do is to OBJECT to your production request, asserting that you ALREADY HAVE A COPY.  The servicer is very likely to ONLY produce a copy of this document and of the Truth-In-Lending (TIL) Disclosure when ORDERED TO DO SO by the Court.  So you are probably going to have to initiate written discovery, wait for the response period to run, and then file a motion to compel discovery and get a hearing on that motion in order to get the HUD-1 Settlement Statement.

There are OTHER documents that you ALSO want to request in written discovery.  YOU NEED TO DO THIS RIGHT AWAY.  GET AN ATTORNEY!        
Quote 0 0
Write a reply...