Show Me The Original Note And I Will Show You The Money!
On the Credit Slips blog, consumer bankruptcy attorney O. Max Gardner III writes:
- As mortgage delinquencies rise each month, and as the number of foreclosures increase each quarter, the “new mantra” of many pro-se and represented consumers is to demand that the mortgage servicer “prove up the original note.” Is this just some new and creative gimmick that has been sold to the desperate homeowners and to a few lawyers who have attended “progressive” seminars or is there really something to it? I submit that there is really something to it.
For more, see Show Me the Original Note and I Will Show You the Money.
For more from consumer bankruptcy attorney O. Max Gardner III, see:
- What Does RESPA Have to do with Consumer Bankruptcy Cases? (How a standard 10-question "Qualified Written Request" can provide the attorney for the Chapter 13 debtor with some of the very best discovery outside of a contested case or Adversary Proceeding),
- Max Gardner’s Top Resasons for Wanting a Pooling Servicing Agreement (20 reasons you need to request through formal discovery in any mortgage-related lawsuit the PSA Agreement and why it is relevant).
Go here to view the ABC News' Nightline story in which ABC News reporter Vicki Mabry interviews attorney O. Max Gardner III and nationally renowned mortgage servicing fraud victim's advocate Mike Dillon on how some mortgage servicers go about giving homeowners a real screwing over in the handling of their house payments. For the ABC News' story transcript, see 'Playing the Odds' (Lawyer Max Gardner Says Some Mortgage Servicers May Be Taking Homeowners for a Ride).
Thanks to Mike Dillon at GetDShirtz.com for the heads-up on the Credit Slips post.
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