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House foreclosed in Florida in 2008. Can I still sue if I can prove FRAUD through a 'forensic audit?' Statute of Limitations?

Fort Myers, FL |

Since learning about 'Wrongful Foreclosure' and the FRAUD that has taken place thorughout the life of most mortgages, I did my homework and last week I submitted a 'QWR' to OCWEN to determine if FRAUD has taken place with my mortgage, which I strongly suspect is likely.

I have a few questions:

1. How often do 'QWR's' demonstrate FRAUD & how often do people truly get compensated for their losses resulting from the Wrongful Foreclosure?

2. Is there a 'Statute of Limitations' in this case that may have passed, in Florida?

3. If my Forensic Audit demonstrates FRAUD, what are the next steps?

...any information you can provide is greatly appreciated and if you're an Attorney that handles these types of cases in Florida, I'm open to talk if you are.

Thank you!! :-)

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Attorney answers 4

Best Answer
Posted

The Statute of Limitations for Fraud generally runs from the time that you discovered, or reasonably should have discovered the facts giving rise to the fraud. That is a fact question that simply cannot be answered in this forum. Since the foreclosure was 2008, you really need to move quickly to see an experienced attorney that can help you navigate these waters which is not easy. Remember, with each passing day, the SOL is closer to running if it has not run already.

Asker

Posted

Hi Gregg, Yes, that's what I'm doing. I actually have a consultation with an atty in :15minutes. I've learned that it is likely I can still move forward, so fingers crossed! ;-) ...thank you for your thoughtful response. I appreciate it! :-)

Asker

Posted

I believe you're response is def the most accurate simply because each of these types of cases are very unique and none can be painted with a broad stroke. Also, some of the elements, which I don't yet understand fully, fall under 'NO' statute of limitations. I'll post again after my consultation with an update. Could go either way... I'll post so that others with the same question can benefit from the answer I find. Thnks again!

Posted

If you lost your house to a foreclosure in 2008, then there is only one statute of limitations you have to consider - and that is you can no longer bring any claims for fraud or other issues with that mortgage. See an attorney immediately in the event there are some aspects of your matter that may still be open to attack, but I have a high degree of certainty that you are too late to bring up any claims.

This advice is not specific and is generic in nature and as such should not be relied upon unless given by an attorney you have specifically retained and who has all of the background information necessary to render an opinion to you.

Asker

Posted

Thank you, Richard! :-) ...ps: I hope you're wrong though!! :-)

Posted

No. You cannot sit on your rights for many years, and then decide to do something about it.

R. Jason de Groot, Esq.,

Asker

Posted

Yes, It's too bad that I'm only now coming to learn of these rights; I had no idea until now... :-/ I am also learning however, that in my case, I may still have time so that's the good news! :-) Thank you for your two cents.

Posted

99% of the time Forensic Audit = Waste of Money.
Courts generally are less than sympathetic to a homeowners who borrowed money, did not pay it back, and then bring a suit for wrongful foreclosure. A strong wrongful foreclosure case is one where the homeowner is making payments or modified payments and the bank wrongfully brings a foreclosure action. The fact that the entity that filed a foreclosure action against you is not the same entity that loaned you money (by itself) does not make your foreclosure wrongful or fraudulent. The time for you to investigate your "strong suspicions" of fraud was BEFORE not after you were foreclosed on. It is time for you to put your past in the past, move on with your life.

This Answer is for general purposes only and does not establish an attorney-client relationship.

Asker

Posted

Actually, I'm pretty certain that my 'audit' will unveil much more than a simple 'the entity that filed a foreclosure action against you is not the same entity that loaned you money' violation. The FRAUD that these banks are committing goes far beyond being just that simple. The point of the forensic audit is to determine the depths of the FRAUD. Thank you for your comment but to be honest, I find it a bit short-sided on your part to paint my situation with such a 'broad' brush. I gave no 'details' about my unique circumstances, and I am NOT someone who got a mortgage and then 'just didn't pay.' Not sure if you've been sippin' too much 'Mainstream Media' kool-aid or what, but I can assure you, NOT every case involves someone who 'got in over their head' with a mortgage. People are losing their homes everyday who have actually PAID THEM OFF, for one example. As an Attorney, spewing legal 'advise' I would recommend that you inquire for more details before offering up your 'wisdom' couched in sarcastic 'judgement.' Your brush is broad and your advise is well, just plain bad. Sorry, I'm just being honest. Thank you anyway for your personal thoughts and opinions though but I'll pass. What I was looking for was information about the statues of limitations in these types of situations and was hoping if lucky, perhaps I could even get lucky to receive some precedent backed insight into 'forensic audits' and 'wrongful foreclosure.' Definitely not interested in a narrow-minded, broad-brushed, judgmental 'opinion' of what I should or shouldn't do with my life. If you think these very BANKSTERS who are robbing our country BLIND and transferring ownership of U.S. land to the hands of foreigners and off-shore bankers, are your friend and that the real culprit is the 'people' who shouldn't have bought a home then you have a lot to learn. WAKE UP. They are destroying our country and they are not on YOUR side either. They are CROOKS and GANGSTERS / ROBBERS and CROOKS and have gotten away with thievery for far too long. Encouraging people to just 'move along' rather than encouraging people to utilize the 'law' to hold these people accountable is just ignorant and unspeakable. YOU are part of the problem. I'm sorry if I sound rude. Don't take it personal... just do your homework and WAKE UP. Perhaps google: World Bank Whistleblower - Karen Hudes -----------> This will be a good start towards an awakening to what's really going on in the world and the TRUTH about how THE PEOPLE aren't taking it anymore!

Asker

Posted

PS: Just a reminder: This is a 'For The People' website, FYI.

Richard Scot Shuster

Richard Scot Shuster

Posted

I regularly converse with almost all of the top foreclosure defense attorneys from firms across the state. None use forensic audits. At trial, you are not going to get the audit into evidence. Don't shoot the messenger just because its not message you want to hear. Feel free to reply to this post if you actually get your report into evidence let alone win a case win a case with it. I will be happy for you... but so shocked that I would eat my hat.