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Category: Real Estate Law
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Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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Im in foreclosure twice on the same loan and property. Dismissed.

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I'm in foreclosure twice on the same loan and property. Dismissed. Second time the bank erased the MIN and original Loan numbers off the Note, Second home rider and the Mortgage. What can that mean for me and is that considers tampering with the docs. ?
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Law Pro replied 12 months ago.
Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

Any alterations to the documents (loan documents or otherwise) is deemed or referred to as mortgage fraud.

Mortgage fraud includes various illegal schemes involving some type of misrepresentation or misstatement on mortgage documents.


The Fraud Enforcement and Recovery Act (FERA) enacted in 2009 expanded the reach of federal law enforcement officials in enforcing mortgage fraud laws. Sentences under FERA can include $1 million fines and 30-year prison sentences. Some states also have laws that address crimes related to mortgage fraud.

Specifically mortgage fraud concerns tampering, altering, defacing the loan documents (note and mortgage) along with the supporting loan documentation (ie. Loan applicant submits forged or altered paycheck stubs, or otherwise fraudulent documentation).
What we collectively refer to as mortgage fraud includes various illegal schemes involving some type of misrepresentation or misstatement on mortgage documents. - See more at: http://criminal.findlaw.com/criminal-charges/mortgage-fraud.html#sthash.LvA3qqGd.dpuf
Customer: replied 12 months ago.

What can that mean for me or what can I do about it and how.

Expert:  Law Pro replied 12 months ago.
What you can do is a couple of things:

1) file a complaint with your local District Attorney about the alternations and changes

2) object to the admission of any altered or changed document in your current litigation.

That the proponent cannot offer into evidence that has been changed, altered or tampered with - it's not evidence and it's attempted introduction if fraud on the court.

What you will need is someone, a forensic expert, to testify that the documents they are trying to introduce have been altered and changed - therefore they can't be used as evidence of anything othere than their fraudulent conduct.

Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24174
Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Law Pro and other Real Estate Law Specialists are ready to help you
Customer: replied 12 months ago.


Thanks Very much and I may ask more in the future depending on the way things go.


 


WalterLaughing

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