Stuart Stone
I can't think where I read this, but the whole argument about the mortgage gets split into 2 jurisdictions:
If you default on the mortgage, you are in breach of contract and the 'lender' has every right to enforce the contract- I think that falls under a civil claim.
If they have committed fraud in onselling the note, or not actually lending you any funds etc, you need to pursue that criminally.
I had a situation like this in Australia where I had defaulted them re where the funds came from, who holds the original note etc & consequently stopped paying the mortgage.
Their response (paraphrased): Take us to the Supreme Court...in the meantime, we're going to come & repossess the property.
At the time, I didn't know much of anything, so I have complied until I have my ducks in a row so to speak.