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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How in the hell does one try work with someone when no one will tell me who holds my mortgage. HomeEq is the Servicer Deustch Bank is the trustee but no one will tell me who the mortgage holder is. I can't even get a pay off amount without being charged a minimum of $30 by Homeq.

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First maybe do a qualified written request. If that doesn't work file a legal complaint. If they force you into bankruptcy then you can do an adversary in court. If a judge refuses to assist you or hear your side go for the jugglar with the denial of your civil rights. It really has opened the eyes to the judge in my case. With any luck I've finally found out to save my home.

They shouldn't make it so dam difficult but they do. Homeq is the worst. Then again I don't rate many of them as good at this point. What I've found is your guilty until proven innocent. Not innocent until proven guilty when it comes to this nightmare.

However, someone could of always tried to do right but just can't win...For everyone that tells you to get an attorney good luck...Your better off learning on your own. I say this from experience.  Homeq is notorious for doing this. I hope you find a good attorney. But most protect the court instead of your rights.

So the QWR- Then see if they tell you...Since June 06 I've proven not only they don't know who owns mine but they never could know who owns mine. As the originator screwed us up good. I finally found it in the origination paperwork... Plus, there's several other cases where they've done the same thing...

If they refuse to tell you save what you can for the payments your behind in case you need to prove you could make your payments if you needed to prove such...


Good Luck!

God Bless!

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Peg, the current mortgage holder is the Trust (a legal paper entity with no employees) that is managed by a Trustee - Deustch. They have something called a PSA with Homeq (a Pooling and Servicing Agreement) that obligates Homeq to service the mortgage, which includes all communication with you about your loan.

The trust department employees at Deustch or any of the other institutions that act as trustees don't talk to borrowers. They have no records of your loan and would not be able to calculate a payoff.  The documents may or may not be with them, they're typically with something known as a document repository.

The trust department gets a check from the servicer and typically a statistical breakdown. All the Trustee will know is that there are X number of loans in various stages of default, X number current, X number paid off, X number in foreclosure, REO sales, etc. IF they feel they need to manage the servicer more closely because of reports of increasing defaults, etc., they can do whatever that PSA says they can. But they will not talk to you. They pay the servicer to do that.

If and when legal action is taken, it may even be by yet another party that the trustee uses for foreclosures; they may assign the mortgage to someone else. In some cases they even sell it to someone else, but you won't see that until you're actually served and they're shown as one of the plaintiffs.

$30 for a payoff is cheap compared to some I've seen. And any number from anyone else is legally worthless because it wouldn't have to be honored.

There are ways to calculate it - at least get a swag. You'll need to look at your loan documents to see how they compute early payoffs.  Look for things like "rule of 78's" and then you can go out on the net and play with some of the calculators.

Hope that helps.


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I have been trying to work with Homeq but am in foreclosure. They are now telling me they won't take my home if I first give them 3500 then they claim they will pass it on to the modification department then the modification department will make the call as to whether or not I will be granted a modification - I am very leary as every time I do anything with Homeq I endup owing more and more - fees of every kind and advances on my escrow- forced flood insurance etc etc etc

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My advice is don't send modification moneys first. If your in a foreclosure and they don't approve you how will you be able to afford to move? Maybe talk to a close associate and see if they can send to them to review before you send or sign anything...Maybe see if there's a forensic mortgage auditor  you can find in your area to help. What their trying to get you to do is against any collection practices there is...

They have to show you the mod agreement before funds are sent! Per at least the FDCPA-WHICH IS THE FAIR DEPT COLLECTION PRACTICES ACT.

What are your options? What state are you in? Do you have a foreclosure sale date yet?

Good Luck

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Moose we may have some serious breaking news about Deoutsch Bank Trust, and thier "Legal Represtitives" that have been making FALSE, AND ERRONIOUS  FILINGS ON BEHALF OF THE TRUST! 

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Really - Deutsche Bank.  Keep the info coming.  I have a status conference with the Court next Wednesday.  Any info like you describe would be quite helpful.  Thanks.  Ken

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I have been working with Iowa Mediation Services - All my information has been sent to Homeq - pay stubs, bank statements, hardship letter, budget etc. In fact these were sent to them months ago by myself, Iowa Mediation and an attorney. Then they claimed they could not do anything. In August they changed their minds and said they would if I sent everything again and signed an affidavit which I did. (twice) They inferred we were dealing with the modification department when in fact we were dealing with the loss mitigation department. I offered to pay 8.5% interest and pay my own insurance and taxes on 130000.00. This is as near as I can figure what we now owe with all their fees etc included. I would pay two payments of 636 per month for 15 years and have the loan paid off. This is something I could realistically do. They came back with pay 3500.00 you have a pre approval for the mod - which said 3500.00 up front to send to the modification department, 1100 per month 5% interest for 5 years and they will control the escrow account insurance taxes and fees (which could be charged in advance) They refuse to say what will happen then or the amount of the balance. They also claim they can not guarentee the mod and say the documents they have been sent are verbal. They can change any or all part of the payments after the modification department gets it. Meaning if the mod department thinks the payments are too low they can adjust it or if they want more down I have to pay it. I look at this as yet another way to extort fees. Our origional mortgage was 125000 and we have been had it since 2004 we have paid as much as 10.78% as well as property preservation fees administrative fees money was put into suspense account and then used for fees - We do not have a sale date yet but I feel this will be next. Our credit is ruined, we lost our business and I had to cash in all of my retirement to pay these thieves.

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How do I find out who owns my mortgage? If its not EMC then can I stop paying them????

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Nye Lavalle
its not who holds your mortgage Get away from that concept of hold and of mortgage. its who owns your NOTE and holds YOUR note and the mortgage is only a lien that follows your note!
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O -

New York State Courts Catch On To Foreclosure Plaintiff Fraud/Misconduct and Embrace Ohio Standing Rationale

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Meltdown 101: Who owns my mortgage?
The Associated Press - 30 minutes ago
NEW YORK (AP) - When you sit at your kitchen table and write your monthly mortgage check, your signature may be the first stop on a journey that takes your money to the other side of the world.

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