Strong List Detailing Mortgage and Foreclosure Fraud −Must Know Information

by Ken Kappel on March 19, 2012

The smart folks over at msfraud.org created a great list, of mortgage fraud violations, denoting Bankster criminal activity, which is particularly important for underwater homeowners and those already foreclosed on.

Just because you lost your home illegally, does not mean that you have totally lost. The path for folks who have already lost their home requires legal action, after discovering your were fraudulently deceived. The time for bringing suit does not begin until the moment you discover you were defrauded. Respond to us through our “Comments” link at the top of the blog. While we can not and do not provide legal advice, we are glad to disseminate legal information; and, might be able to point you to an honest lawyer.

“All words below come from msfraud.org; and their great list follows their brief comments.

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Mortgage Servicing Fraud occurs when mortgage servicers make false statements and/or create false documents or evidence to take homeowner’s property and equity. This is accomplished by using any of the following tactics:”

  • “Falsely claiming to be the owner/holder of the mortgage;”
  • “Falsely claiming standing by use of names such as Trustee, Assignee, Nominee, Beneficiary, etc.;”
  • “Fraudulently invoking the jurisdiction of the court;”
  • “Preying on the ignorance of the court and homeowner;”
  • “Falsely claiming Pooling & Servicing Agreements, industry standards, rules, guidelines or other industry-authored writings supersede the law; ”
  • “Failing to follow PSA guidelines;”
  • “Robo-Signing legal documents without the legal authority to do so.”
  • “Entering on-time payments as late, to exact illegal and unauthorized fees;”
  • “Manipulating account records; ”
  • “Backdating legal documents;”
  • “Filing forged documents in courts and public records;”
  • “Charging force-placed insurance when the homeowner already has full coverage;”
  • “Falsely reporting a default to the credit bureaus when it is the pretender lender who is manufacturing the default;”
  • “Paying property taxes late, then charging the late penalties to the borrower; ”
  • “Paying taxes and insurance on the wrong property;”
  • “Refusing payments to guarantee default;”
  • “Adding thousands of dollars in unearned legal fees to create a default;”
  • “Ignoring customer complaints and “qualified written requests”;”
  • “Arrogantly violating numerous laws and regulations;”
  • “Coercing the homeowner into signing a forbearance agreement to strip away their legal rights;”
  • “Falsifying records and documents;”
  • “Committing fraud upon the courts by stating they are the Holder and Owner of the Note – when in fact – they do not own or hold the “original” Note;”
  • “Intentionally causing delays to run up your legal expenses;”
  • “Creating fictitious documents (Lost Note Affidavits, Power of Attorney, etc.);”
  • “Triggering the terms of the null and void Deed of Trust/Mortgage ”
  • “Apply to the trust for reimbursement after deducting the fees from the borrowers p&i payments,  (Known as double-dipping)”
  • “Rounding up ARM rates when on a downward trend;”
  • “Not adhering to the terms of the loan documents;”
  • “Creating additional false deficiencies through a variety of questionable practices;”
  • “Adding misc. fees to purposely create a deficiency with the borrower’s next payment;”
  • “Not applying payments to principal and interest;”
  • “Committing perjury through misrepresentations;”
  • “Withholding or redacting discovery evidence;”
  • “Tampering with court transcripts and removing evidence from the record;”
  • “Conjuring up events that never happened while refusing to provide documentation to support their fallacies;   ”
  • “Refusing to cooperate with attempts to refinance and stop the illegal foreclosure;”
  • “Using abuse of litigation, appeals and malicious prosecution to litigate forever;”
  • “Payoffs to the consumer’s attorney, law enforcement officials, judges, court personnel and government officials;”
  • “Threats & intimidation;”
  • “Electronic surveillance;”
  • “Wire Fraud / Mail Fraud;”
  • “Conspiracy;”
  • “Fraud in the inducement;”
  • “Unjust Enrichment;”
  • “Embezzlement;”
  • “Racketeering – RICO;”
  • “Extortion;”
  • “Abuse of Process;”
  • “Violation of ethics;”
  • “Grand Theft;”
  • “Tax Fraud (REMIC);”
  • “Public Corruption;”
  • “Notary Fraud;”
  • “Evidence Tampering;”
  • “Theft of Government Services;”
  • “Perjury;”
  • “Felonious Influence of Public Officials;”
  • “Money Laundering;”
  • “Insurance Fraud;”
  • “Securities Fraud;”
  • “Constitutional and Civil Right violations;”

and many others.

“JUSTICE ISN’T SERVED UNTIL CRIME VICTIMS ARE”
Kathryn Turman - Director of the FBI’s Office for Victim Assistance”

. . . it does not require a majority to prevail, but rather an irate tireless minority keen to set brush fires in people’s minds . . .” Samuel Adams

“We want you to know your legal rights and hope this section will provide you with the basics of what the law says and how it relates to your mortgage issues.  In order for the courts and your attorneys to be successful, they must understand how this scheme works. Here, we attempt to provide you with the information to educate them.  Please use it. ”

“The information contained in this section is for informational purposes only and must not be considered legal advice. You are urged to contact a competent attorney fluent with the intricacies of how this scheme operates.  ”

“Bankruptcy is not a cure all.  These servicers and their unethical attorneys who profit from and help cover up this scheme, know how to manipulate the courts and can easily turn your bankruptcy against you.  Understand, this is a highly engineered, complex and extremely profitable scam and therefore they will go to extreme lengths to keep it producing — and will never admit wrongdoing.  They know a strong GUILTY verdict would be a death sentence for them and possibly all others operating this scheme.”

“Don’t be fooled by thinking the truth, along with your overwhelming and irrefutable evidence will be enough to beat them.  You need massive amounts of overkill.  Our ongoing attempts to eradicate this crime has produced significant legal citations.  Use them!”

“Always keep in mind that your case is also a plea for higher ethical and judicial standards and carries with it a message:  ”

“”Homeowner’s will not be intimidated or manipulated by a corrupt corporation’s financial power, political influence or judicial trickery.“  ”

“The courts must follow and properly apply the law and make it clear to corporations; Corporate corruption in America is a bad thing and the punishment for their crimes will far outweigh any and all ill-gotten profits.

 

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