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mmdesq
mmdesq, Attorney
Category: Bankruptcy Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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A persone or groupe the coorter or conspires to defaud a

Customer Question

a persone or groupe the coorter or conspires to defaud a person out of their home via using missleading or bogus documents.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Zoey, JD replied 1 year ago.

Hello,

Please provide more details and ask your question.

Customer: replied 1 year ago.
Texas is where I live and it involves the payoff of my residence. Will you be able to help in my questions.Phil
Customer: replied 1 year ago.
Im also from N.Y.
Expert:  Zoey, JD replied 1 year ago.

Thank you for the reply. If this is a criminal law question, I would be able to provide you with information. If, on the other hand, this is a real estate question,then this question belongs in a different category and some other expert will have to answer it. Please tell me what your question is.

Customer: replied 1 year ago.
I payed my mortgage via a BR trustee throught a ch13 filling. I was forced into ch13 becouse the servicing agency where charging excessive and unsubstantiated fees and expenses for servicing the loan, wrongfully and where incorrectly posting my payments, by harassing and threating the sale of my 17 out of 30 home for repayment and refusing to act in good faith audit the account. so chp13 saved my home. I sent them via the state trustee $83,000 on a balance of $72,000 it was not applied correctly. and they have foreclosed on me Oct 28, 2015 with a sale date of Dec 1 2015. I've had a local lawyer "working on it sense Nov.3 talking with the lender. What is the crime. and who is committing it? I have the US BR court Southern District of Texas ch.13 standing trustee's final report and account document in my hand
Customer: replied 1 year ago.
The crime is being done via real estate not real estate questing's and answers. where is my 83K and 9K in fee's
Customer: replied 1 year ago.
basically is this a criminal act or not?
Customer: replied 1 year ago.
Are you there?
Customer: replied 1 year ago.
Zoey Do you think there is a criminal case predatory with my situation?
Expert:  Zoey, JD replied 1 year ago.

Sorry for the delay. I am on the east coast and I shut my computer off for the night and turned in.

I think this belongs in another category, and I am going to opt out and have it moved elsewhere as it has real estate and bankruptcy components.

Expert:  mmdesq replied 1 year ago.

Good Morning,

I will try to best answer your question.

The lending service's actions could constitute a violation of a criminal fraud statute if they have intentionally misrepresent the balance of the mortgage and application of funds. In a criminal matter you'll have to prove more than it is just wrong, or that they're idiots. You have to prove that they intentionally acted to defraud you knowing it was wrong. It could still be a civil fraud if they acted with careless disregard as to the truth.

When dealing with mortgages in bankruptcy there are two deficiencies that need to be established. The first is the pre bankruptcy filing arrears amount which is the total of payments missed and all fees incurred as of the date the bankruptcy was filed. The second is whether any post bankruptcy mortgage payments were missed after the bankruptcy was filed. You stated the amount of pre bankruptcy arrears and I am assuming no post bankruptcy mortgage payment were missed to the loan servicer. If that is accurate I would think you'd be able to reopen the chapter 13 to stop the foreclosure and then pursue an action against the servicing lender for fraud.

I hope that this explanation and advice was helpful and I wish you the best of luck solving this problem.