QUESTION

What am I going to do now that my mortgage is deemed to be fraudulent?

Asked on Sep 21st, 2013 on Foreclosures - New Jersey
More details to this question:
My mortgage note has been deemed to be fraudulent, now what? I recently had a Mortgage Securitization Audit done and the examiner discovered that it was a legal impossibility for bank servicing my loan to be the real party in interest in my note. After receiving my Qualified Written Request and Audit, it was pretty clear that there was a lot of fraudulent activity going on. I challenged the first note submitted based on the fact that my signature was cut and pasted and the lines were not even close to matching up. The judge admonished the Banks Attorney for submitting that document to the court. The Bank resubmitted another note, this time with a sworn affidavit from the opposing counsel that it was a copy of the original he made himself. However that one was also proven to be a forgery. The judge was very angry and ordered my document examiner to physically inspect the note. The note was examined yesterday and again, the document examiner said it was a color copy, no pen indentations on the back and the endorsement was not an ink stamp, it was toner. Are there some precedents that I can read? Also, I am thinking about retaining an attorney for the end game here, what kind of fee structure and timeline am I looking at here? Thanks for any advice.
Report Abuse

3 ANSWERS

Car Accidents Attorney serving Mandeville, LA at Olivier Law Firm, LLC
Update Your Profile
I am impressed you got as far as you did without an attorney. You should hire an attorney from here on out, because the legal ramifications are substantial. Expect to pay a retainer of $3-5k, and you may be in for a long fight. Ultimately the mortgage may be null. Then its a matter of what you have stated under oath regarding the obligation.
Answered on Oct 01st, 2013 at 3:19 PM

Report Abuse
I would certainly recommend that you get an attorney experienced in these matters. The securitization issue is something of a false hope right now because that issue has been mostly discredited by Texas and federal courts. But, the issue of a forged note is substantial, together with fraudulent statements to the Court, that could end very favorably for you. But, you really need an attorney.
Answered on Sep 24th, 2013 at 12:58 PM

Report Abuse
General Law Attorney serving Cherry Hill, NJ at Mark S. Cherry, Attorney at Law, PC
Update Your Profile
You may be able to file a "Quiet Title Action" after the foreclosure action is dismissed. Most attorneys will charge several thousand dollars.
Answered on Sep 24th, 2013 at 11:20 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters