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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srsd

I have a question....

Last week, we got a letter stating that Citibank is taking over Ameriquest and we should mail payments to them. 

Yesterday, we got a letter from Deutchbank that we should send our payments to them, since we are 1 1/2 payment behind and not to have anymore contact with Ameriquest. 

We also got a letter from Ameriquest stating we should make our regular payment to them....??  

Has anyone else had this happen?  What do we need to do?  



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You might want to go to your court house to see whats up with the paper work there. Get a copy of any changes. If they change Servicers it will show there. You might want to inform the new servicer of any problems you might have had regarding ameriquest.
 
Do they still have your insurance checks?
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SR, that attorney that we've talked about - I think it's time to go get him.

In this instance, since any "hello/goodbye" letter is obviously in dispute I'm not sure that you have any other option - especially where one entity is demanding that you have no further contact with another - including making your monthly payments to them.

IMO, time to jump in the pool with both feet and start playing some offense instead of defense. Let me know if there's anything I can do...
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arkygirl
Get that attorney....give him copies of the all the letters (not the originals; those are for your records) .

Then give him checks in the amount of your mortgage payment EVERY month and ask him to hold the funds in an escrow account for you until the mess is straightened out. (Make copies of your checks before giving them to the attorney and GET DATED RECEIPTS from the attorney's office.) Really, trust no one besides yourself to keep meticulous records.

Then direct the attorney to start writing letters to all the fraud demons letting them know that you are making payments into an escrow account that he holds and that they can have the funds when someone proves to be the "true" holder/servicer of the note.

If it comes down to a showdown in the courtroom even some of these brain damaged judges ought to be able to understand that you went 500 extra miles in the attempt to make a mortgage payment!!!! If your attorney cannot find the "real" servicer how can any court expect you to be able to it!! You cannot be forced to make payments to ALL these entities by any judge.

These retarded games are going to get worse, not better. This is probably a result of your original note being sold to more than one trust and now they all think they own it. You will undoubtedly uncover fraud as this unfolds and may own your home free and clear when it is all over. Besides, you will be doing a great service for the rest of us by finding the corruption.
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i would also suggest that you send RESPA letters.

One per company to get your complaint dated.

Hopefully, none of them will reply.

I'd be looking to expose this.  You've got your evidence, now set them
up to fail. 

The letters they sent were proper notice named "A hello letter"?

Be sure to send it to the FTC, HUD, Your senators if they are at all interested
in Mortgage Fraud.

This is the condition that I would write a letter and cc to God and everybody.

I doubt any of these companies will take your RESPA complaints seriously
even if does have a time limit for them to investigate.  Steer them into
the gate for violations.

How much you want to bet you cannot straighten them out within the
30 days.

I also agree strongly that you should not send them any money but
have your lawyer open an escrow account to accept and deposit your
monthly payment.

I also agree with Mike's attorney, who got him a temporary restraining order.
It stopped Fairbanks dead in their tracks?  Ummmm, No.  they came after
him again, so his attorney now has basis to file a permanent restraining order
and gets it.  Now Fairbanks has to prove to the judge that Mike deserves
foreclosure before they can attempt foreclosure again they must present their evidence to the Judge that they have reason, a real reason for
foreclosure.

In order to win against these kind of allegations, talk to your attorney
about being ready when they send the first letter to you telling you that
you are late.  The regular payments and fees attached to it.

Bam and body slam.

You may be able to stop all three of them for commencing foreclosure.

"Until the court is satisfied that the correct company to collect your
loan repayment is behind door #1, door #2 and door #3.

While you are interviewing lawyers, ask them what they think a good plan of action could be.

You should be the first to bring the problem to light.  Informing all three of
them have sent  Hello letters to you advising each of the three
companies that the other two also claim they have the repayment
process due to them.

So, to stay out of forclosure, you would have to make timely payments
to all three of them.  No can do.  There is fraud here finding that I must make a full monthly payment to three different companies.

Know what you want from the attorney, make him an evidence folder
and an agreed plan of action before you leave.  Or maybe a follow up
meeting if he wants to look up some case law or whatever.

I have a feeling a lot of people are going to have the same trouble as you.
When you find one, stay in touch. 

It would be great if you can beat them on this angle.

Dee

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O -
LOL Dang, Dee's like a pit bull on mortgage servicers. Very Good Ideas Dee!

You need a plan, Once you stop making payments be ready for them to hit your credit, then you will be trapped with bad credit till you are done, and maybe longer, in less you have some luck?

You might want to let all the players know that you will not take them adding and abetting ameriquest in their ring of fraud.  Put them on Notice! ASAP!

And get an attorney. Good Luck!
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Part of the key here is not to stop making monthly payments. Escrowing the payments should be a perfectly acceptable alternative until this can be straightened out.

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I started making payments to a trust account that I asked Nick Ekonomides to open in my name.  Ameriquest was told this, but they still marked late payments on my credit anyways.
 
So be careful.
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arkygirl
Sure they will hit the credit report...ALL of them will hit it. More evidence for srsd. Unfortunately, it will make life miserable for srsd for a long time.

If srsd has ONE mortgage how can three entities claim title to that one mortgage? They can't, and it is another fact that even the most unsophisticated judge should be able to see immediately that something is terribly wrong with this scenario.

I disagree with Dee about the RESPA letters, though. I think the RESPA letters should be written by the attorney. srsd can provide a template and even the wording, but I would want those letters sent on a legal letterhead. Get copies and cc them yourself to whomever you see fit, any and everyone. I agree with Dee in that you can expect them to be ignored by every recipient, but they are another tool in your arsenal.

I think the attorney should make a point of telling each servicer who the others servicers are who are claiming title in an attempt to pit them against each other. That is just my thought and your attorney may have better ideas about this.

If foreclosure is threatened and all payments are safely in the escrow account, have the attorney file for the restraining order and begin exposing these frauds.


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I don't disagree that the attorney could be used for this service.

Does it create a better result?  Not so much.

The way I see it, it is better to put all three of them on notice ASAP
there are three of them trying to collect on one mortgage.  Unless you've had more than one mortgage.

It gives him something to show the lawyer by correctly put them on notice
something is wrong.

If 45 days goes by and nothing...if you've found a lawyer by this time,
you have reduced any waiting period for analysis and correction.

One very short letter with copies shouldn't hurt the the ability to establish
the date they were put on notice that you object to three companies
saying you must pay them monthly for the same loan.

Either way works for me.

All you want to do at this point is to put them on official notice of the
error.

That gives sr a little time to find a lawyer.

I would take advantage of the chaos this might create at a time when
they probably are having a hard time putting any info about the loan together. 

Either way he has some ideas that he might like to bring up to a lawyer.

I kinda see this group as the borrower's "war room"  it is the same kind
of "war room" that these big shots are going to do.  They toss around
ideas to use in their litigation plan of action.

Dee
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You are right Dee, it is like a war room, it seems to work this way as far as I can tell, it has helped me in the past. TY

RESPA letters will be a big part in getting them to default or breach the contract on their part. I'm sure they may have breached it already knowing them.
 
Keep everything you get from them including the envelopes and all emails, you should print them up to save if you have emails.
 
I keep a ongoing log with the date time and names, regarding whats going on and who I have contacted.
 
Good Luck!
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srsd
I still haven`t gotten the insurance check back but I talked to them and they said it will be here next week and someone chould be calling us about an inspection. Nobody has called us about an inspection yet and I called them Monday. 

This has been going on since May when the check was made out. I am giving them until next week and then I am talking to the lawyer and seeing if we can break down a lawsuit and file it against individual departments and individuals within Ameriquest.  This would be against the claims dept and its individuals.

We have already paid $4600.00 for the roof and we still owe them a little over $5,000.00 which is what the check is for. We went with a demintioal roof which cost a lot more than what the insurance company would pay so we're out a lot of money on top of what the insurance company covered.
We are all sick with the flu or something at our house, so this all seems so useless at this time. 

Maybe by next week we will be better and ready to kick some booty.

I wish everyone involved with this mortgage could catch this over the phone.  I would call them and say hello and just talk long enough for the germs to migrate to them. This stuff is terrible.  I didn`t know a human body could hold so much mucus.

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SRSD: Shoot me an email, please. I have some info that will probably help with those "flu" symptoms. Thanks. Jim

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Oh good grief... I had to go find some rubber gloves before I could reply to this any further. Where's the Lysol?

In all seriousness, SR, I wouldn't waste another day before beginning the search for an attorney. You really don't have that kind of time. And as soon as you can, get to the county recorder/registry and pull whatever has been filed for deeds on your property. Anything and everything that has to do with this is going to be necessary.

Hang in there...


(Is anyone else cold or is it just me? Do I feel warm to you? I think I'm going to go lay down for awhile....)
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srsd
I send our attorney all the info this morning.
I have something I have been thinking about but not sure it will work.  Our situation is a little different since my son`s name is on this property and he is a minor.......If we don`t pay, can they foreclose because part of this is his and HE DIDN`t/ Couldn`t be part of a mortgage so how can they foreclose? They might come after us but I don`t see how they could touch his part and his name was on this property before the mortgage.  we didn`t know his name was on the property until we started to sell and the lawyer stopped everything at the closing.  I still don`t see how they could make a loan to 2 people with 3 peoples name on the property.
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Hmmmmm, just a wonder....

I wonder how much income your MINOR son had on paper to help get your loan?

Did you check that out?

Oh, the tangled web that they weave to deceive.

This would be very interesting, and a good attorney would be looking into this lil tidbit, I imagine.

Something to look into...
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srsd
Ann,
    I have several e-mails that I have sent and that is one of the questions that I asked and the only response I have gotten from them is "it has been forwarded to the presidents office".  I have asked about what they based our income on/ our payment history, what are the fees for and I have gotten the same response everytime.  I made copies of everything and the dates are on them and the responses are on them.   I asked them how they could make a loan with a minors name on the property.
Ameriquest sent us a letter asking for proof and we went to the courthouse and got the proof and sent it to them and I asked them again and it was forwarded to the presidents office and that is the last we hears about it and that was in April.
We had no ideal anything was wrong until we got a letter in March stating our rate was increasing and that is when I started asking questions and found this site and now I am here all the time.
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srsd
Everyone please forgive my spelling and language....the flu is terrible....my head is pounding and every time I cough it is a new experience in pain.
I can use proper English it is just very hard to get my head, hands, eyes and everything co-ordinated at this time.

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http://consumerist.com/consumer/complaint-letters/how-to-launch-an-executive-email-carpet-bomb-259713.php

Complaint Letters

How To Launch An Executive Email Carpet Bomb

Here's just one of many comments:

BY JEFINO AT 08/19/07 10:26 PM

I work for a mortgage servicing company. A customer had a complaint and the amount of time it was taking for us to issue him a refund. Somehow, he got a hold of our president's HOME phone number. Of course the president called one of the managers at the office, the manager screamed at a supervisor and the issue was resolved right there and then. Getting to the executives definitly works.

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Digger
Quote:
Last week, we got a letter stating that Citibank is taking over Ameriquest and we should mail payments to them. 

Yesterday, we got a letter from Deutchbank that we should send our payments to them, since we are 1 1/2 payment behind and not to have anymore contact with Ameriquest. 

We also got a letter from Ameriquest stating we should make our regular payment to them.


Here is an article about how a Michigan County put together a program to deal with crooks stealing property with fraudulent deeds.

http://www.candgnews.com/Homepage-Articles/2007/9-26-07/GG-REGISTEREDDEEDS.asp

"The novel program addresses what Youngblood said is a growing — and extremely lucrative — crime. Using modern technology and old-fashioned criminal cunning, scammers steal people’s property by altering paperwork, which enables the thieves to sell or rent it. "
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