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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dlunn1107
A new twist on a fraudclosure...the servicer of my mortgage, who purportedly is also the trustee of the trust that owns the note (no psa agreement, trust is a statuatory Delaware trust, owned by an Investment management Corp), initiated foreclosure in November of 2013. We are in discovery process, and the return to court date is scheduled for June 10. I received a letter yesterday from the servicer that the servicing of the loan is being transfered to a new servicer as of June 2. How does this affect the frraudclosure?  I noticed in the letter that they 
were no longer referring to themselves as the trustee of...Hmmmm.
After writing a 17 page affidavit in opposition to summary judgment and Memorandum in support, along with 48 pages of documentary evidence, I'm hit with this news. So, just for giggles, I added a cross-motion for dismissal of the foreclosure in light of the fact that the Plaintiff will, as of return date, have no interest in the mortgage  loan.
  I did request discovery on owners/investors of the trust, albeit no psa, seems they would still be the party in interest.  Best case scenario, the case is dropped or dismissed, with the expectation the new servicers would initiate their own foreclosure case, but as the statute of limitations ran out in Jan. of this year...bring it on :-).  
Anyone ever encounter a case like this? 

I'm in New York..
Thanks...Dianne
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