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You think you sent it to XYZ, that it was received and processed by XYZ and XYZ issued that response. This is virtually NEVER true. In May 2022 the CFPB categorized FINTECH companies as servicers precisely because of what I described above. Did anyone take notice? No.

“Defendants’ deceptive business practices caused many of these Nevada foreclosures to proceed under false pretenses.”

27. LPS [nka Black Knight”] gained a dominant position in the default management services arena through two technology platforms. LPS’ Mortgage Servicing Package (“MSP”) is a proprietary technology platform that allows Servicers to administer all aspects of loan servicing, including payment processing, customer service, investor reporting and even writing letters to consumers. MSP is the leading loan servicing platform in the industry, supporting nearly half of all first mortgages and approximately 27 million loans overall.

28. For servicing of mortgage loans In default (loans that are typically 60+ days delinquent), LPS offers a web-based platform called LPS Desktop (“Desktop”), which provides a step-by-step process for each task in the foreclosure process. Desktop automates and monitors deadlines associated with each task, and it tracks, time-stamps and permanently records all actions and communications taken with respect to that foreclosure. In addition, Desktop captures, organizes and stores information from foreclosure-related documents (such as notices of default, substitutions of trustee and assignments). Finally, Desktop generates and manages invoices sent by Network Firms to Servicers. Importantly, Desktop also tracks the Network Firms’ compliance with LPS-imposed timelines for foreclosures.

29. As of 2010, the majority of the country’s top 20 Servicers were using MSP, Desktop or both.

Truth is stranger than fiction. My readers who have turned into investigators and my own investigation reveals that the address that is advertised as the location of a company involved in fake securitization or fake foreclosures is often a physical location on which there is literally nothing or simply a small storage unit.

This is made possible through the miracles of perfectly legal procedures within the United States post office. Any person or company is allowed to give out an address at which they are not physically present and nothing will ever come of it as long as the person or company gives a forwarding order.

Why would anyone do this? It makes perfect sense for the players in residential transactions with homeowners and the players in fraudulent foreclosure schemes. The self-serving statement you received announcing that XYZ is now your servicer is just that — a self-serving statement. But which “self” does it serve?

XYZ is not performing any servicing functions and is simply a trade name for multiple financial technology companies that are contractually bound to an investment bank that originated the transaction with the homeowner without disclosing its identity or its interest in blatant violation of TILA, FTC, RESPA, and FDCPA.

The goal is to keep the homeowner and any nosy lawyer from even thinking something that something is wrong. So you send your check or complaint letter to an address at which there is located 3 scrubby bushes and a pile of wood.

Your check or message never gets there because of the forwarding order to, for example, FiServ or Black Knight or one of the dozens of companies that serve as nominees for those FINTECH companies.

You think you sent it to XYZ, that it was received and processed by XYZ and XYZ issued that response. This is virtually NEVER true. In May 2022 the CFPB categorized FINTECH companies as servicers precisely because of what I described above. Did anyone take notice? No.

The notices, statements, correspondence, affidavits and written assurances coming from people who are or might be employed by XYZ do not come from XYZ nor any human being who knows or does anything about your alleged un paid loan account that is nonexistent, although you may find that hard to believe.

PRACTICE HINT: USE FO THE US POSTAL SERVICE IN FURTHERANCE OF A CRIMINAL OR OTHER FRAUDULENT SCHEME IS A FEDERAL CRIMINAL OFFENSE. FILING A CLEAR SUMMARY WITH THE US POSTAL INSPECTOR, THE FBI, AND THE US ATTORNEY’S OFFICE MAY BE THE APPROPRIATE ACTION.

See FDCPA and FTC Complaint

See Nevada AG complaint against

LENDER PROCESSING SERVICES, INC.; [nka Black Knight]

FIDELITY NATIONAL INFORMATION

SERVICE, INC.;

LPS DEFAULT SOLUTIONS, INC.;

DOCX, LLC [document fabricator who published menu of prices for creating notes, assignments and endorsements, President went to prison];

DOES I-XX,

lps12152011

Also, see chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://media.lasvegassun.com/media/pdfs/2011/12/16/lps12152011.pdf?_ga=2.84829916.456074302.1674655237-2056148952.1674655237

Happy valentine’s day!

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Neil F Garfield, MBA, JD, 75, is a Florida licensed trial and appellate attorney since 1977. He has received multiple academic and achievement awards in business, accounting and law. He is a former investment banker, securities broker, securities analyst, and financial analyst.
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FORECLOSURE DEFENSE IS NOT SIMPLE. THERE IS NO GUARANTEE OF A FAVORABLE RESULT. THE COMMENTS ON THIS BLOG AND ELSEWHERE ARE BASED ON THE ABILITY OF A HOMEOWNER TO WIN THE CASE NOT MERELY SETTLE IT. OTHER LAWYERS HAVE STRATEGIES DIRECTED AT SETTLEMENT OR MODIFICATION. THE FORECLOSURE MILLS WILL DO EVERYTHING POSSIBLE TO WEAR YOU DOWN AND UNDERMINE YOUR CONFIDENCE. ALL EVIDENCE SHOWS THAT NO MEANINGFUL SETTLEMENT OCCURS UNTIL THE 11TH HOUR OF LITIGATION.

But challenging the “servicers” and other claimants before they seek enforcement can delay action by them for as much as 14 years or more. In addition, although currently rare, it can also result in your homestead being free and clear of any mortgage lien that you contested. (No Guarantee).

Yes you DO need a lawyer.
If you wish to retain me as a legal consultant please write to me at neilfgarfield@hotmail.com.

Please visit www.lendinglies.com for more information.

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