More Investigations over use of Fabricated Foreclosure Documents

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Today the Florida Attorney General Economics Crime Division announced it launched an Official Investigation into the practices of the Florida Default Law Group and Docx, LLC a/k/a Lender Processing Services.

The investigation is over allegations of:

"...fabricating and/or presenting false and misleading documents in foreclosure cases. These documents have been presented in court before judges as actual assignments of mortgages and have later been shown to be legally inadequate and/or insufficient. Presenting faulty bank paperwork due to the mortgage crisis and thousands of foreclosures per month."

FDLG, often referred to by FL consumer attorneys, foreclosure victims and activists as one of the largest foreclosure mills in the State, appears to work closely with Lender Processing Services -- which is the same company, many have complained about and then noted in a recent Wall Street Journal piece, as under investigation by the Justice Department.

For more see: U.S. Probes Foreclosure-Data Provider Lender Processing Services Unit Draws Inquiry Over the Steps That Led to Faulty Bank Paperwork

If you are in danger of foreclosure you should always challenge the legality of it. If you don't do so the Judge will allow the foreclosure to go through -whether or not it's legal, and that could come back to bite you.

It's important to make certain the lender attempting to foreclose on your property is in fact the actual owner of the Note. And further, that all paperwork and mortgage servicing documents are free from forgery, fabrication or bank error. And the truth is, many ARE NOT.

The Consumer Warning Network and their investigative journalists who have been helping to expose deceptive and often illegal foreclosure practices urges all homeowners who may be in  default and fear a foreclosure suit may be filed against them, to make sure to demand in writing that heir lender produce the note. (See below video)

More and more judges and attorneys are educating themselves as well as others on the true extent of fraudulent foreclosures. And more and more homeowners are uncovering documents riddled with suspicious signatures and dates that don't coincide with when their loan was closed or sold.

Homeowners need to be vigilant and make use of these cases and ongoing investigations by bringing them to the attention of Judges involved in their case and their State Attorneys General. An informed judge can be a homeowners best friend -especially if the Judge uncovers a fraud being perpetrated in the courtroom.

And think about this...

If a "lender" who doesn't actually own the note to the property, is in fact allowed to foreclose on it anyway, what will happen when the REAL lender stands up and says he wants to be paid -by you? 

From the Consumer Warning Network:

A Tennessee borrower recently had precisely that happen to her. Her lender, Ameriquest, foreclosed on her in July of 2007. About three months later, another bank sent her a default notice for the mortgage on the house she just lost. She called to find out what was going on. After being transferred from place to place and left on hold for lengthy periods of time, no one could explain what happened. They said they would get back to her, but never did. Now, she faces the risk of having her credit continually damaged for a debt she no longer owes.

To learn more about what to do if your worried about foreclosure, watch the below video or go to the Consumer Warning Network and read more about how you can fight foreclosure -and the steps required to make them produce the note.

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I requested the original blue inked signature note to be produced to me at my doorsteps via ceritified mail to Florida Default Law Group AND EMC. When we went to the Judge's chamber for our request to dismiss (at our request), FDLG admitted that they didn't have it. The judge gave them 15 days to get it to him in his office (I gave them 20 days). That was July 2009. To date, we have not heard a word from them or from the judge!!!!

I am not a legal expert, nor do I know the 'fine' print of all the documents, but, I did indeed find many many flaws in my documents. Starting at the appraisal and going to date!!! I took special notice of the Notary Stamps and investigated all the names attached to all the documents. WOW!!! So much deception.

I do have a Certified Fraud Examiner for my documents, but - my question is this: What has this society come to when Certified Fraud Examiners can actually make a living by examining documents?????

The 'American Dream' has turned into a nightmare from hell. But after going to Tallahassee last week to put a face and emotions to my situation towards our elected officials, I now know that we, The Hard Working, Honest, and Law Abiding Citizens of the United States of America, are no longer going to take it!!

Beware all your lenders and servicers and foreclosure mills. WE have spoken and you WILL listen!!!

Very nice piece, Denise.

For those who may say that people facing foreclosure are simply "trying to get out of paying their mortgage" stop and think about this for a minute. For all intents and purposes, there IS a "rule book" that is supposed to be followed. BOTH sides - the note holder and the borrower - are supposed to play by it. When only the borrower plays by the rules, you may easily end up with the scenario described above involving the Tennessee borrower.

Borrowers know that they took out the loan on the property. Whether they could afford it or not, is a separate issue from this one. With the advent of securitization, mortgage notes historically have been transferred between entities at a blinding pace, bundled into Residential Mortgage Backed Securities (RMBS) which only tends to further cloud the chain of title. And I won't even interject the concept of the Mortgage Electronic Registration System (MERS)...

But if an entity is going to foreclose on a property, they should have the legal right (standing) to do so. Otherwise, a borrower COULD end up having to pay a loan TWICE. Regardless of your political, idealogical, ethical and/or moral positions, I think that everyone can agree that having to pay an "extra" 100, 200, $300K for a property, that post-foreclosure you no longer even own, would simply be wrong on any level.

And yet, there are those entities and individuals who believe that "non-judicial" foreclosures are perfectly acceptable. That may be because it is usually that much more difficult for a borrower to stop a foreclosure action in a non-judicial foreclosure state due to any number of factors. If borrowers don't automatically have access to the judicial system it is that much easier to steal their property regardless of whether an entity has the legal standing to do so or not. Hence the big push to change Florida's status from judicial to non-judicial foreclosure.

Hmmm... I wonder if FDLG and/or any other foreclosure mills or lenders/note holders in FL did any lobbying to get that status changed.....

I'm in Florida, where would I find a certified fraud examiner?

@ just me.

You can google for Florida Certified Fraud Examiners, Expert Loan Witness, Forensic Loan Examiner and etc.

I would suggest getting to some sites for foreclosure support as there are many out there available.

Research is key. Call many and then make your decision. But you first need to know 'why' you would like your documents examined. If you are wanting to find descrepencies in signatures or dates of filing for note/mortgage/Assignment of Mortgage/Allonges or etc, the best to start is at the clerk's office in your county.

Don't give up, just do alot of research. That is how most of us have come this far. You will eventually stumble upon sites such as this that you can gain a wealth of information from. Most of these sites promote each other and that will give you tons of information.

Good Luck.

NACA works with a company that will do a FREE forensic audit of your loan documents.

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