DocX Mortgage Documents Fraud - worth pursuing to avoid foreclosure?

[StartinOver]

My friend suggested that before we just acquiesce to surrendering our home in our chapter 7, we should investigate whether fighting the foreclosure based on document fraud was worth pursuing.

I found a link that indicates that Office of Thrift Supervision is not happy with the processing at my Loan Servicer, Sovereign Bank.

So it's quite possible we might find that they used fraudulent signatures in the foreclosure paperwork that they are working on right now.

My question is, if we investigated and found irregularity, and took it to court, would we be able to force them to do anything that would help us? Could we force them to rewrite a mortgage loan for a right value (house is underwater by 20 or 30K) and right payments and maybe eat the second mortgage entirely (they hold it in their consumer loan division). Both first and second are in foreclosure right now. They offered us loan mods, but the other nightmares (high commute costs and high student loan debt) in our financial life make that insufficient to solve our problem, so we had to decline it.

Or would this turn out to be a case of "you did default, we aren't sure who has legal standing to foreclose, but you lose anyway." It seems too good to be true, and I'm really not trying to take advantage unfairly of the situation. Just trying to be within the law myself and expect others with whom I have contracted business to abide by the law as well.

http://dtc-systems.net/wp-content/uploads/2011/04/Sovereign_Bank_CD_97662.pdf

[Martha31]

If your mortgage has the name Linda Green on it from DOCX -- it is definitely a forged document. Also, do not feel guilty - the bank probably sold your note the day you signed it and received all of thier money that day.

[IamOld]

Agreed - this is a fight - and if you can fight - fight.

[Cherinfo]

If your mortgage has the name Linda Green on it from DOCX -- it is definitely a forged document. Also, do not feel guilty - the bank probably sold your note the day you signed it and received all of thier money that day.

What if you have the names of Brian Bly and Crystal Moore?

My Mortgage was assigned to another bank after complaint was filed. Case is still open (IIB chapter 7 discharged) and the signatures on the assignment were Brain Bly and Crystal Moore, which they recorded in county records. Will Such a post judicial transaction, create problems for the foreclosing lender. Specifically, if the named plaintiff is no longer the real party in interest and must be substituted?

[Martha31]

I believe the new bank would have to file the foreclosure complaint now. If it is a DOCX document there is probably fraud involved. What county are you in?

[Cherinfo]

I believe the new bank would have to file the foreclosure complaint now. If it is a DOCX document there is probably fraud involved. What county are you in?

Hernando County

[Cherinfo]

Hernando County

Also not sure where document came from but do believe it's bogus with Brian Bly being VP Suntrust was the original plaintiff, still showing as such their lawyers were Ben-Ezra and Kratz which were fired by Fannie Mae. Stay was lifted in Nov 2010 by Suntrust . New assignment took place 12/5/2010. No movement since.

[HHM]

You need to sit back and think about the end game scenario...in just about every case, all that happens is delay. Maybe there is some benefit to you to delay the inevitable, but the inevitable (foreclosure) eventually happens. So, you need to determine if it is really worth time and energy (and it takes a lot) to fight this, or simply get on with your life and get yourself in a better financial position.

[StartinOver]

HHM,

Yup. We've already drawn that conclusion and also determined that delay, even for free rent keeps my head in the deep trough of "oh, woe is me, I am losing my beautiful home that I worked to make it so by my own hand." I'm working now on trying to find the next place we'll live, with a good landlord and a good rent that allows us to put a lot in savings. And if I can find that really soon, I'll try to get the bank to give us a fatter cash for keys so they can get this waterfront house on the market during the summer, by leaving it more than simply broom clean - but instead, spotless with weeded gardens, ready to stage and show. (Don't get me started on the fact that they will sell for less than I owe, and someone else will get a great deal on all my work..). I'm going to be debt free and I'm going to stay that way through the rest of my life. Never gonna owe anybody not even one thin dime!

edited to make sense and use punctuation correctly.