WELLS FARGO CREATES FRAUDULENT MORTGAGE, FRAUDULENT FORECLOSURE, AND FRAUDULENT NEGATIVE CREDIT INFORMATION: THE ULTIMATE IN CORPORATE ARROGANCE In the course of defending numerous foreclosure actions around the United States, we have come across some fairly horrendous fact patterns, but to date, that described here (a true story, by the way) takes the cake hands down. The actions of Wells Fargo…[...]

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Tags: falso documentation, fraud, lender, Premier Mortgage, Wells Fargo
Posted in Eviction |

QUIET TITLE: From Demand Letter --- see Forms Page In essence the reverse of a traditional foreclosure where the owner of the property forecloses the claim of the people against whom he he has filed suit claiming the property free and clear of all encumbrances. Demand is made that you accept service of process of a quiet title action through…[...]

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Tags: assignments, foreclosure defense, quiet title, REAL PARTY IN INTEREST
Posted in Eviction |

SUBMITTED BY mortgagefrauds@aol.com: Foreclosure Cannot Be Advertised Prior to Recording Mortgage Assignment In Davenport v. HSBC Bank USA, the Michigan Court of Appeals held that a lender must have an interest in a loan prior to beginning to advertise a foreclosure sale. The first insertion of the HSBC's foreclosure notice was made four days prior to the assignment of the mortgage…[...]

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Tags: foreclosure defense, HSBC, MORTGAGE SERVICER, RECORD HOLDER
Posted in Eviction |

SUBMITTED BY : mortgagefrauds@aol.com IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. XXXXX XXXXXX Plaintiff, v. XXXXXXXX Defendant. _______________________________________/ DEFENDANT’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION Defendant, XXXX X XXX, moves the Court to dismiss for lack of subject matter jurisdiction under authority of Florida Rules of Civil…[...]

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Posted in Uncategorized |

From a mortgage auditor/contributor: CONTACT: mortgagefrauds@aol.com In July 2005, I met with the FTC staff attorneys in Washington, D.C. who investigated and prosecuted Fairbanks Capital Corp. In connection with the Fairbanks investigation, a former client [Michael Dillon, Manchester, NH] had supplied the FTC with an audit I had performed of his FCC-serviced loan which, I know, the FTC attorneys studied and found…[...]

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Tags: BEAR STEARNS, certified fraud examiner, EMC, lost note, Mortgage Servicing Fraud, Ralph Summerford
Posted in Eviction |

AS YOU CAN SEE FROM THE NEWEST ENTRIES TO GARFIELD'S GLOSSARY, WE HAVE PIECED TOGETHER THE REASONS FOR THE METEORIC RISE IN LOST NOTES. WE ARE FAST ARRIVING AT THE CONCLUSION THAT FATAL DEFECTS IN THE LOAN UNDERWRITING AND SECURITIZATION PROCESS HAVE EVISCERATED THE SECURITY PROVISIONS OF THE MORTGAGE AND THE OBLIGATIONS UNDER THE NOTE. See GARFIELD'S GLOSSARY LOST NOTE,…[...]

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Tags: DESTROYED NOTE, EARLY AMORTIZATION EVENT, foreclosure defense, lost note, NOMINAL LENDER, rescission, single transaction, SPV, TOXIC WASTE
Posted in Eviction |

AFFIRMATIVE DEFENSES TO FORECLOSING PARTY’S CLAIM OF “LOST NOTE” A common thread which is emerging in foreclosure cases is the claim of the plaintiff (a/k/a the “foreclosing party”) that they have “lost the note and/or mortgage”. In such a case, the foreclosing party may file a Affidavit as to the lost note and mortgage in a purported attempt to cure…[...]

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Tags: affirmative defenses to foreclosure, foreclosure defense, foreclosure offense, lost note
Posted in Eviction |

There are dozens of examples where CW and the other major players are getting slammed for fraudulent behavior and representations IN COURT. This time the US Trustee is going after them in bankruptcy court because of all the "maneuvers." The plain truth is that these PLAYERS are trying to game the legal system after they gamed the financial system to…[...]

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Tags: countrywide, lender fraud in court, US Attorneys, US Trustees
Posted in Eviction |

debt Funds owed by a debtor to a creditor. Outstanding debt obligations are assets for creditors and liabilities for debtors. May or may not be covered by written agreements. See Asset Backed Security. The significance of the definition of a debt, being an asset on one balance sheet and a liability on another, is that the securitization process parsed the…[...]

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Tags: assignment, balance sheet, borrower, debt, default, enforcement, foreclosure defense, foreclosure offense, lender
Posted in Eviction |

OHIO STATE COURT CANCELS FORECLOSURE SALE AND STAYS FORECLOSURE CASE FILED BY TRUSTEE FOR BEAR STEARNS ASSET-BACKED SECURITIES ON FILING OF FEDERAL ACTION AGAINST BEAR STEARNS AND ITS BROKERS AND OTHERS FOR VIOLATIONS OF FEDERAL TRUTH-IN-LENDING ACT, FEDERAL REAL ESTATE SETTLEMENT PROCEDURES ACT, CONSUMER PROTECTION STATUTE, CIVIL RICO, FRAUD, AND OTHER RELIEF In another historic victory for borrower victims of…[...]

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Tags: BEAR STEARNS, FORECLOSURE SALE CANCELLED, fraud, Ohio, RESPA, RICO, TILA
Posted in bubble, Eviction |