Want to allege fraud? Not so fast

by Neil Garfield

Both homeowners and lawyers like to throw around the term “fraud upon the court.” But it actually ends up diminishing the credibility of both. There are several reasons why you should not allege fraud unless you have indisputable sold proof that the documents and/or oral arguments were filled with statements that were known to be false when they were made.

The reality is that homeowners do best when they attack the sufficency of the allegations, exhibits and evidence.

Due to recovery from some medical issues, I am taking the night off from the radio show. I submit the following in its place:

Both homeowners and lawyers like to throw around the term “fraud upon the court.” But it actually ends up diminishing the credibility of both. There are several reasons why you should not allege fraud unless you have indisputable sold proof that the documents and/or oral arguments were filled with statements that were known to be false when they were made.

First, it diminishes your credibility if and when you fail. So other grounds that should have been front and center get short shrift. Second, the only people who actually know the truth of the matter asserted are working for an investment bank that does not show up anywhere in the paperwork and which never appears in court. Everyone else claims plausible deniability even though you know that they know that they are committing illegal acts.

And third, you lift and shift the burden of proof to the homeowner on a claim that is essentially being made by the other side — ie., that you owe money to them. The burden of proof shifts because now it’s you making allegations and it increases or rises because on a fraud claim you must now prove your allegations by “clear and convincing evidence” not merely a preponderance. That is something close to beyond a reasonable doubt. You will never get there unless you get testimony or evidence from the investment bank bookrunner, which I doubt if you will ever see.

If you are going to allege fraud you need to be very specific. Charges that the documents or oral argument in the court were false do not suffice. You need to reference specific untrue statements on specific dates with reference to whether it was in writing or oral. And you need to state your grounds for charging fraud — and why these grounds were not raised before.

And you need to state that the parties knew that the statements made were false and that a specific party made them anyway for their own personal benefit and not to pursue a legal objective. Generally speaking in foreclosure cases this is impossible because the only party who knows with certainty that the statements were false is the bookrunner investment bank and they have not been in direct contact with you or with the court.

All other parties rely upon “plausible deniability” — i.e., that they were merely acting on information from a third party who was performing computer work or otherwise providing instructions. In most cases, this involves multiple parties who are channeling documents, data, and instructions from other parties. While there is plenty of room to allege that they should have known or must have known about the falsity of the documents, pleadings, and oral representations in court, there is no indication in court proceedings that such allegations have ever been sustained.

Both before and after litigation or judgment — and without having reviewed your case yet — there are some possibilities that you might want to consider with local counsel.

Appeal: If you still have time left on the calendar under the rules, you can file a notice of appeal and then an appellate brief. In most cases, such appeals are unsuccessful unless the Appellant narrows the issue down to a very specific violation of due process or other specific error by the trial court — and which is not supported by something in the record that allows for the trial judge’s action. The error must be something that if corrected could result in a different outcome for the case. The problem with this is that most clerks and judges on appellate courts believe that the appropriate outcome is foreclosure and sale. This occurs because the complexity of securitization hides detection of the innate PONZI scheme.

Petition for bankruptcy relief probably under Chapter 13 — automatically stops collection activity until the automatic stay is lifted. You will have the opportunity to challenge the motion to lift the stay in bankruptcy court and conduct limited discovery. There are cases in which the foreclosure mill backs off when confronted with a federal bankruptcy court ordering them to comply with discovery demands. Just remember that as infuriating as it is to hear blatant lies from the lawyer from the foreclosure mill, everything he or she says is currently regarded as protected under the doctrine of litigation immunity.

Independent action in state or Federal court to enjoin the parties (not the court) from further activities to administer, collect or enforce any alleged obligation from you on the basis that none of them are the owners of a loan account receivable due from you and none of them represent such a creditor. The benefit here is that you can name the investment bank and perhaps other parties. A well-drafted lawsuit will ordinarily survive a motion to dismiss.

Administrative process including at least one Qualified Written Request and at least one Debt Validation Letter under RESPA and FDCPA is one thing that the homeowner can do to track the lies. Failure to answer simple questions about the current status and location of the loan account receivable, ownership and rights to administer, enforce or collect on the alleged underlying obligation owed to the purported virtual creditor creates grounds for an independent state or Federal action for statutory damages, mandatory and prohibitory injunctions.

 

 

 

     
 

Foreclosure Daily News Update ⋅ November 5, 2021

 
     
 

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Digital Journal

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Iredell | Legal Announcements | mooresvilletribune.com

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Save your home from foreclosure

It doesn’t take much to get behind on your house payments. And when you do, it can make you feel uncertain and even embarrassed.

But if you’re worried about losing your home, or if you’ve received papers about foreclosure, you may still have options. A loan modification can help you get caught up on payments and can save your home.

This toolkit is designed to help you through this process.

     
 
 

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YouTube

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YouTube

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House Committee on Oversight and Reform |

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Eventbrite

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Bayview Asset Management, LLC hiring FORECLOSURE COORDINATOR in Coral … – LinkedIn

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Mortgage Fraud Daily News Update ⋅ November 5, 2021

 
     
 

New grand jury seated as Trump criminal probe continues – The Morning Call

The Morning Call

… in tax fraud charges against Trump’s company, the Trump Organization, … The Associated Press his prior experience handling mortgage fraud, …

     
 
 

New grand jury seated as Trump criminal probe continues – Tampa Bay Times

Tampa Bay Times

The case has resulted in tax fraud charges against Trump’s company, … told The Associated Press his prior experience handling mortgage fraud, …

     
 
 

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San Bernardino Sun

… in tax fraud charges against Trump’s company, the Trump Organization, … Associated Press that his prior experience handling mortgage fraud, …

     
 
 

Better.com IPO: What You Need To Know – Forbes Advisor

Forbes

Mortgage rates are at rock bottom, housing demand is sky high and millions … lawsuits from former business partners, some of which allege fraud.

     
 
 

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CBS 19

Prosecutors convened a new grand jury in the tax fraud case against Donald … The Associated Press his prior experience handling mortgage fraud, …

     
 
 

Former Virginia attorney sentenced for fraud scheme against elderly clients | WSET

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A former Virginia attorney was sentenced to 24 months for wire fraud and … monies belonging to another one of her victims and a mortgage lender.

     
 
 

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In an interview prior to his election, Bragg told The Associated Press his prior experience handling mortgage fraud, money laundering and other …

     
 
 

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Fraud is one of the most commonly committed crimes in the UK, … fall foul of are identity fraud, mortgage fraud, credit card fraud, scams, …

     
 
 

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HowToDiscuss

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HC stays arrest of Alchemist ARC promoter & one other in mortgage fraud case – The Greater India

The Greater India

… arrest of Alchemist ARC promoter & one other in mortgage fraud case … Sasi Methadil, in a case associated to an alleged mortgage rip-off.

     
 
 

Mortgage Fraud is on the rise… | Arizona Real Estate Market Update 2021 – Guest Posting

Guest Posting – EasyBranches.com

According to Core Logic mortgage fraud is up 37.2% vs 2020. There are six categories of mortgage Fraud: 1 Transaction fraud 2. Indentity fraud 3.

     
 

 

     
 

FRAUD STOPPERS Daily News Update ⋅ November 5, 2021

 
     
 

Crime Stoppers: Police seeking help in identifying fraud suspects, locating two wanted men – WLNS

WLNS

LANSING, Mich. (WLNS) – The Lansing Police Department is asking for your help in three cases today: one fraud case and two men have warrants.

     
 
 

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CTV News Vancouver

Jeremy Renner ‘romance scam‘: Okanagan Crime Stoppers issues warning · Top 10 scams: Millennials ‘natural targets’ for fraud, BBB says.

     
 
 

Woman Wanted for Questioning in Bank Fraud Case – Rutherford Source

Rutherford Source

You can also report info anonymously through Crime Stoppers on the P3 app or by calling 615-893-STOP (7867). SOURCEMurfreesboro Police. TAGS; bank …

     
 
 

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KGNS

Police searching individuals accused of credit card fraud … to call the Laredo Police Department at 956-795-2800 or Crime Stoppers at 727-TIPS.

     
 
 

Local Bank Fraud Case with Ties in Illinois and Minnesota – WGNS Radio

WGNS Radio

You can also report info anonymously through Crime Stoppers on the P3 app or by calling 615-893-STOP (7867). Tags: arrest bank Chicago detective fraud …

     
 
 

Woman wanted for questioning in Murfreesboro bank fraud case | WKRN News 2

WKRN

You can also report info anonymously through Crime Stoppers on the P3 app or by calling (615) 893-STOP. Copyright 2021 Nexstar Media Inc. All rights …

     
 
 

Heidi Planck missing update – Jason Sugarman ‘probed over a $43M fraud‘ as Reddit … – The Sun

The Sun

Anonymous tipsters should call the Los Angeles Regional Crime Stoppers at 1-800-222-TIPS (800-222-8477) or go directly to the Crime Stoppers website.

     
 
 

Alexandria woman sentenced for wire fraud from Montessori Educational Center – KALB

KALB

Chester Street in Alexandria, La. Crime Stoppers: APD trying to solve Oct. 19 drive-by shooting …

     
 
 

Omaha court sentences Chicago woman for forging promethazine prescriptions – WOWT

WOWT

24-year-old Kia Latrice Booker was sentenced in an Omaha federal court on Monday, Nov. 1, for obtaining promethazine with codeine by fraud.

     
 
 

Crime Stoppers: APD trying to solve Oct. 19 drive-by shooting – KALB

KALB

An Alexandria woman was sentenced to 12 months and one day for wire fraud. Alexandria woman sentenced for wire fraud from Montessori Educational …

     
 
 

Racine County sheriff recommends charges against five state elections officials for fraud – WAOW

WAOW

… recommended charges against five Wisconsin Election Commission officials Wednesday, in reference to allegations of voter fraud in nursing homes.

     
 
 

Jacksonville police search for man accused of using stolen credit cards – Action News Jax

Action News Jax

Jacksonville Sheriff’s Office search for credit card fraud suspect … a possible reward up to $3,000, contact Crime Stoppers at 1-866-845-TIPS.

     
 
 

Police Probe Antisemitic, Homophobic Graffiti Found at 2 Chula Vista Schools – Times of San Diego

Times of San Diego

Anyone with information was asked to contact San Diego County Crime Stoppers at 888-580-8477. City News Service contributed to this article.

     
 
 

RCMP seek wanted woman for theft and fraud | CKPGToday.ca

CKPGToday.ca

Brown hair; Brown eyes. If you have any information about Loring’s whereabouts, you’re asked to call the RCMP at (250)561-3300 or Crime Stoppers at 1( …

     
 
 

In Iraq, election fraud claims fuel uncertainty, divisions – Texomashomepage.com

Texomashomepage.com

BAGHDAD (AP) — More than three weeks after Iraqis voted in parliament elections, pro-Iran Shiite militias that emerged as the biggest losers are …

     
 
 

Prince George RCMP seek woman wanted on theft and fraud charges

Prince George Citizen

Chantal Nicole Loring is wanted by the RCMP for theft and fraud charges … Stoppers at 1-800-222-8477 or online at www.northernbccrimestoppers.ca …

     
 
 

Sepp Blatter, Platini indicted for fraud in Switzerland – Texomashomepage.com

Texomashomepage.com

BERN, Switzerland (AP) — Former FIFA officials Sepp Blatter and Michel Platini were charged with fraud and other offenses by Swiss prosecutors on …

     
 
 

Sepp Blatter, Platini indicted for fraud in Switzerland | ArkLaTexHomepage

ArkLaTexHomepage

GENEVA (AP) — Former FIFA officials Sepp Blatter and Michel Platini were charged with fraud and other offenses by Swiss prosecutors on Tuesday …

     
 
 

Woman charged over alleged $65000 fraud – Dubbo – Latest News – NSW Police Public Site

Latest News – NSW Police Public Site – NSW Government

Detectives have charged a woman over an alleged fraud relating to a disaster … of alleged fraudulent claims for NSW Government disaster relief, …

     
 
 

Police identify Hillcrest murder victim, arrest suspect out of state – FOX 5 San Diego

FOX 5 San Diego

… Texas on Oct. 29 and found to have a fraud warrant from Colorado, … the Homicide Unit at 619-531-2293 or Crime Stoppers at 888-580-8477.

     
 
 

Two charged over $44000 cattle fraud – Camden – Latest News – NSW Police Public Site

Latest News – NSW Police Public Site

NSW Police have charged two people following an investigation into alleged cattle fraud valued at $44,000 in the Camden area.

     
 
 

BC auditor calls for better fraud risk measures at public sector organizations – CFJC Today Kamloops

CFJC Today Kamloops

VICTORIA – British Columbia’s auditor general is calling on public sector organizations to improve their fraud

     
 
 

Lavaca man charged in $100 million COVID-19 health care fraud scheme – KNWA

KNWA

A federal grand jury in the Western District of Arkansas returned an indictment on Tuesday charging a Lavaca man who owned or managed numerous …

     
 
 

New Orleans trumpeter gets 18 months over charity fraud – KTVZ

KTVZ

Irvin Mayfield was a jazz trumpet player who became a symbol of New Orleans resilience after Hurricane Katrina. He and his musical partner, pianist …

     
 
 

Racine sheriff recommends charges against Wisconsin’s election commissioners – CBS 58

CBS 58

(CBS 58) — The Racine County sheriff has formally referred charges to a local district attorney to review claims of potential voter fraud at a …

     
 
 

Missing Mom’s Boss ‘probed Over A $43M Fraud‘ As Sleuths Seek LinkedIn Clues – Todayuknews

Todayuknews

Anyone wishing to remain anonymous should call the Los Angeles Regional Crime Stoppers at 1-800-222-TIPS (800-222-8477) or go directly to http://www.

     
 
 

Greater Victoria Crime Stoppers wanted list for the week of Nov. 2 – Vancouver Island Free Daily

Vancouver Island Free Daily

Justin Neal Jay is wanted for fraud under $5,000. Jay is described as a 54-year-old male, 5’5”, 200 pounds, with black hair and brown eyes. Shawn …

     
 
 

Heidi Planck missing update – Jason Sugarman ‘probed over a $43m fraud‘ as Reddit and …

The Sun

HEIDI PLANCK’S BOSS PROBED OVER MILLIONS IN FRAUD … Anonymous tipsters should call the Los Angeles Regional Crime Stoppers at 1-800-222-TIPS …

     
 
 

Marine watchdog urges federal government to crack down on seafood fraud – Goldstream …

Goldstream News Gazette

Greater Victoria Crime Stoppers wanted list for the week of Nov. 2 · Previous story.

     
 
 

Waterloo Regional Police Make Arrests in Pool Scam Investigation

Waterloo Regional Police Service

Waterloo Regional Police Make Arrests in Pool Scam Investigation … contact police by calling 519-570-9777 or Crime Stoppers at 1-800-222-8477.

     
 
 

Provincial police issue warning about ‘spoofing’ phone scam – Collingwood Today

Collingwood Today

2, 2021 police were informed of a recent phone scam incident. … victim of an emergency scam, contact the OPP at 1-888-310-1122 or Crime Stoppers …

     
 
 

Federal payment programs get more scrutiny over waste, fraud | News | yoursun.com

Charlotte Sun

President Donald J.Trump’s name is printed on a stimulus check issued by the IRS to help combat the adverse economic effects of the COVID-19 …

     
 
 

New Orleans trumpeter made famous during Katrina awaits sentencing in charity fraud | KMPH

KMPH

NEW ORLEANS (AP) — Irvin Mayfield, the jazz trumpet player who became a symbol of New Orleans resilience after Hurricane Katrina, faced up to five …

     
 
 

Toronto police issue warning after ‘good samaritans’ defrauded in debit card taxi scam | Toronto.com

Toronto.com

Anyone with information is asked to contact police at 416-808-4100, or Crime Stoppers anonymously at 416-222-TIPS (8477), …

     
 

 

 

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