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 can I find out who actually holds my Mortgage.
Countrywide services it, but refuses to Confirm Who Holds My Mortgage.
Thanks,
Doc Hudson
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go to your county clerk's office. they legally have to file an assignment of mortgage on behalf of the real noteholder. if they have not, get an attorney and sue them, do not reveal to them or they will try to cover their tracks. also make sure they have a power of attorney agreement on file with the county to act on behalf of the noteholder. also follow the steps on this website to produce the note, etc

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Doc brings up an interesting but disturbing trend within the servicer community.

A number of people I know who have filed Qualified Written Requests are receiving replies which contain languge stating that the Trustor (the homeowner) has no right to know anything about the underlying lender and therefore the servicer refuses to identify the note holder.

This is NOT settled black letter law.  It is a fantasy legal position developed by the servicers to sheild their upstream partners from ever increasing liability.

The answer to the question about who holds the note is easy.  File a suit and launch discovery against the servicer.  Imagine if the servicers had to defend 1,000 new lawsuits a day!
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Here is the pisser:
We refinanced our home/property [assesed @ $565K] with Countrywide 3 years ago with a loan value of 225K.
December 18th, 2008 we applied for Fast Track/ReFi, Property now assesed @ $525K with a loan value of $163K.
Yep, we are the stupid ones that pay on time and "pay extra" to get the note down:
WE WERE DECLINED, after paying $350.00 Application Fee.
Yep, it's time for legal action. Any Suggestions.
Doc Hudson

PS: We were able to learn that Fannie Mae holds our note from a loan officer at Countrywide who answered the question when we threathened legal action to find out why we were declined asking "If we can pay $1,200 a month, how could be declinded with a payment of $860.00"

PSS: How come Barney Frank and Chris Dodd are smiling and not facing Criminal Theft/Fraud Charges. Sorry just venting.
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I've been trying to research who is the "Resident Agent" for Countrywide, FSB so i can serve notice of Filing Suit in Small Claims Court.

I belive i read that FSB's are not required to have Resident Agents and that "any Officer or Agent can accept Service". Can someone give me/or point me to a definitive answer ?

Thanks,
Doc Hudson

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Doc,

Have you gone to the county to see if there is an assignment of mortgage?

Have you sent the servicer a RESPA notice?

I think that you need to do this first. So you can prove to the courts that they aren't in compliance. If you need a sample RESPA letter I can help you. Just let me know.

What state are you in?
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On my way to the Court House today, filing Small Claims Action.
Maryland.
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Moose
Doc Hudson wrote:
I've been trying to research who is the "Resident Agent" for Countrywide, FSB so i can serve notice of Filing Suit in Small Claims Court.

I belive i read that FSB's are not required to have Resident Agents and that "any Officer or Agent can accept Service". Can someone give me/or point me to a definitive answer ?

Thanks,
Doc Hudson



Doc, in cases I've seen filed, Countrywide used "Corporation Service Company" at a local address in each state.

Check with your court to see what the service requirements are.

Good luck.

Moose


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cmc wrote:
Doc,

Have you gone to the county to see if there is an assignment of mortgage?

Have you sent the servicer a RESPA notice?

I think that you need to do this first. So you can prove to the courts that they aren't in compliance. If you need a sample RESPA letter I can help you. Just let me know.

What state are you in?



I am getting ready to go to the county courthouse this week.  I think it is time for me to get an attorney.  GMAC is my servicer and FreddieMac owns my loan.  I have been contacted by a law firm in Houston, Codilis&Stawiarsky, who state "comes now Mortgage Electronic Registration Systems, Inc., ...and file application for order for forclorsure, etc."

I have tried and continue to try working with GMAC and FreddieMac but all to no avail.  Codilis&Stawiarsky stated they want to "help" me stay in my home but they sure don't seem to want to.  I tried to pen down a lady at the law firm to try to explain to me exactly what they are doing and I am just more confused.  She told me I would have 21 days to vacate my home, what?  I am getting real sick of the runaround.  Any suggestions and also can you tell me was a RESPA notice is?
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Moose
Melanie wrote:

I am getting ready to go to the county courthouse this week.  I think it is time for me to get an attorney.


It depends. Can you afford to stay in the house?  Seriously, spending a few thousand on an attorney if you're not going to be able to keep up with payments is pouring good money after bad. But you do need legal counsel at this date - the fuse has been lit.

Having said that - STOP TALKING TO ANY OF THEM ON THE PHONE! (pardon my yelling - see the response to you RESPA question below).

Melanie wrote:
GMAC is my servicer and FreddieMac owns my loan.  I have been contacted by a law firm in Houston, Codilis&Stawiarsky, who state "comes now Mortgage Electronic Registration Systems, Inc., ...and file application for order for forclorsure, etc."


MERS is the proxy shell game company that keeps track of who allegedly owns the mortgage and/or note. In theory, the owner registers (assigns) the mortgage to MERS for county recording purposes so that each time it's sold the owners don't have to make the effort to record the change and of course, pay a recording fee at the county. In some jurisdictions they're having trouble asserting their right to sue, in others they just steamroll the victim.

A lot of this is state dependent but if the Houston head of the Codilis Hydra is coming after you you must be in Texas. Texas is a little different and again, if you can actually afford to live there you should consult an attorney.

Melanie wrote:
I have tried and continue to try working with GMAC and FreddieMac but all to no avail. 

If you've been trying to work with them on the phone you might as well have been talking to your neighbor's cat, especially if there's any equity they can steal from you through foreclosure.

Melanie wrote:
Codilis&Stawiarsky stated they want to "help" me stay in my home but they sure don't seem to want to.  I tried to pen down a lady at the law firm to try to explain to me exactly what they are doing and I am just more confused. 


What they're doing is really quick and simple. They are giving you 21 days to come up with some outrageous amount of money for reinstatement or a forebearance or loan modification agreement that will indemnify them from any possible litigation for anything they've done or will do to you in the future.

Melanie wrote:
She told me I would have 21 days to vacate my home, what?  I am getting real sick of the runaround.  Any suggestions and also can you tell me was a RESPA notice is?


A suggestion, again based on whether or not you can afford to live there, is one - google "RESPA QWR letter."  It's too late to have any effect on the fast-pace foreclosure process in Texas but at least see what should have been done.

None of this is legal advice but the sad fact is verbal communication is meaningless. 

They're filing suit for foreclosure and as I said it's a quick process in Texas, but because MERS is involved there is a chance they're not going to be able to overcome a dogged defense strategy of producing the actual original note. However, unless you're particularly adept at studying the law and have an unlimited number of hours to devote to learning how to mount a defense in the next three weeks, at least talk to an attorney.

So, if you really can afford to pay the mortgage and the property taxes in Texas and want to put up a fight, get an attorney tomorrow to file a response to the foreclosure action! Otherwise you're on the fast track and need to find a place to stay.

Moose

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I am in default and I went to the recording office in my county to try and find out who the assignee is and also to find out who actually holds the note because I am being foreclosed on and I found out that the mortgage was never recorded, I closed on the loan in 2000 and the deed wasn't recorded until 3 yrs. after I closed, have no idea why, I only found that there is a lis pendins that they intend to file.  I have 3 appointments tomorrow with attorneys.   

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