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Jimbo2014

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Reply with quote  #1 
In their motion for Summary judgment, the bank attached what they call true and correct copies of the mortgage & note.

In a footnote the lawyer claims they have the originals for inspection at their office.

I contacted them to ask they send a scanned copy of those papers, they said no need - they are identical to the exhibits.

Here's the question: Those copies don't match mine in several respects.

The bigger question is they are stamped "certified copy of original".

So they are trying to foreclose with copies, where's the originals?

Suggestions?

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Mike H

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Reply with quote  #2 

   At least in Florida, they must file the original blue ink copy of the Note (FS 90.953) in order to
to foreclose. Many times they will try to pass off a color photocopy as the original.
   To distinquish an original from a photocopy, feel for ridge marks where the person signed on
the reverse of the signing page. Blue ink will smudge whereas a photocopy won't. Under a micro
scope, a photocopy has lots of tiny dots whereas blue ink soaks the paper fibers of an original.

   Since they were selling the original Note multiple times to different investors, this explains why
they don't have the original. Most likely the originals were destroyed to hide the crime of counter-
feiting.
   Many times, they would put a "phony lender" on the Notes, instead of the true lender so that
in case an investor found out, they would go after the phony lender for fraud. This is how the
Ponzi scheme was done. MERS would hold the one mortgage for multiple investors. Part of the
proceeds of the note sales was placed with the servicers so they could make monthly payments
to the investors out of their own funds.

   To summarize, many of the originators made their money by "selling the paper" multiple times
to gullible investors, mainly pension funds. If it were not for "quantitative easing" by the Fed,
most of the Pension funds would have gone broke by now.

   So where did all the stolen pension money go? In my opinion into precious metals in off shore
accounts. This explains the astounding rise in the price of gold. They had to park the ill gotten
gains somewhere off shore to make it untraceable.

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texas

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Reply with quote  #3 
If no original blue ink note, what does an allonge firmly affix too?

As to what was said to be sold, I would venture to comment not correct!
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Jimbo2014

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Reply with quote  #4 
Well I examined them at their office, the mortgage was a copy marked "certified copy of oringinal", but it's not. In fact they presented two versions one in the complaint and another in the moving papers by the a loan servicer Ocwen's affidavit both different on the face page both have have different signatures of mine in slightly different places????

So they have multiple versions. same for an adj rate rider.

They don't match mine.

the note was wet ink, as well as the two allonges, but the allonges were not "firmly affixed" at all just a loose staple, which had been removed many times. In NY that's no good it must be so firmly attached like it's all one, also there was space on the last page, so it fails the "no space" test, I have multiple cases on that for dismissal.
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mar7

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Reply with quote  #5 
Jimbo2014:
"The bigger question is they are stamped "certified copy of original".
So they are trying to foreclose with copies, where's the originals?"
***
?based on the above quote, plez explain the following:

"the note was wet ink, as well as the two allonges,"
***

what am I missing?
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Mike H

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Reply with quote  #6 
    At least in Florida, only the mortgage gets recorded, normally the Note does not. What this
means is that they can use a certified copy of the mortgage but they must produce the original
blue ink Note, not a photocopy.
    If they produce the original Note, and it is properly endorsed in blue ink, they will probably win
the case. (Many times they win even with a copy if the defendant's lawyer does not raise the
issue) That is why the defendant must thoroughly examine the Note and if it is a photocopy,
have a forensic expert verify that. This is the defendant's strongest defense.
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mar7

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Reply with quote  #7 
U.S. Bank Natl Assn v De Los Rios
Jan 9, 2012
(think this case was cited by Angelo, with a link, in a post by Jimbo2014)
**
pg 29 (I) US BANK NEVER PRODUCED THE ORIGINAL NOTE DESPITE SQUADRON'S RIGHT TO REVIEW IT, CREATING AN ISSUE OF FACT (thus preventing sj) WHETHER THE NOTE WAS LAWFULY INDORSED TO TRANSFER IT TO US BANK....

FIRST PARA:

"under ny laws, "[I]n order to establish its prima facie entitlement to sj in a foreclosure action, a plaintiff must submit the mortgage and unpaid note, along with evidence of default." [cites omitted] 
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mar7

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Reply with quote  #8 
to correct case cite above post: s/b us bank nas v Squadron vcd ... the case that I believe Jimbo2114 brought to our attn....my apology
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Jimbo2014

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Reply with quote  #9 
The allonge still must be permanently affixed, it it not.

therefore not enforseable
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mar7

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Reply with quote  #10 
Re: SJ Motion and Pro Se litigants:

"This is one of the key ways that pro se litigants get thrown under the bus when appearing unrepresented.
The pro se litigant thinks that they are going to go to the [sj] hearing and be allowed to testify or to show
the court some good defensive evidence.  But if the evidence wasn't developed into affidavit form and filed
in time, the court will refuse to consider the evidence.  So those who show up having failed to prepare and
file the affidavits, or to conduct discovery find that they have already lost before the hearing even gets under
way.  This is why it is important to get an attorney."
****
I was reviewing some of my notes garnered from msf relating to sj hearings and came across this "highlighted'
and underlined quote and thought I'd pass it along.  I believe it is from: William A. Roper Jr.
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Jimbo2014

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Reply with quote  #11 
I finished my opposition papers filing Tuesday,

we'll see how it goes, and how they oppose my X motions
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Mike H

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Reply with quote  #12 
     In Florida, the defendant must file an "affidavit in opposition to motion for summary judgment"
and it must be good, showing all the problems with the plaintiff's case. It must be sworn to under
oath in front of a notary, served on the opposing attorney and filed with the court.
     I agree that it is best to have an attorney who knows what he/she is doing. unfortunately,'
many attorneys are NPLWL, NOT PRACTICING LAW WITH A LICENSE! Such attorneys will file
a "memorandum" in opposition to summary judgment. This will lose every time. IT MUST BE AN
AFFIDAVIT IN OPPOSITION TO SUMMARY JUDGMENT AND IT MUST BE TRUE IN ALL RESPECTS.
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Jimbo2014

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Reply with quote  #13 
Correct I did mine that way, one point I objected to by the bank was the affidavit was by the loan servicer saying she had knowledge of loan, in NY you really need someone with personal knowledge, I moved to strike much of here submission along with some exhibits as hearsay.
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Kohler

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Reply with quote  #14 
How did this come out?
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Jimbo2014

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Reply with quote  #15 
Pending an answer NY takes a while
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dlunn1107

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Reply with quote  #16 
I too filed an objection to the affidavit by an employee of the debt collector who said he had personal knowledge of the business records that contained a file with the defendants loan information. The affidavit was filed with the motion for summary judgment with no evidence attached and I objected in my opposition to the motion for summary judgment  with an affidaivit only to be told that I had not previously raised that as  a defense and allowing it now would be prejudicial to the plaintiff.  ARE YOU KIDDING ME YOUR HONOR?????
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Jimbo2014

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Reply with quote  #17 
So appeal it
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Gardner
Reply with quote  #18 
Jimbo if you still out there I need to talk to you. I've got three notes, three, riders (two completly different allonges.(different people) one assigntment (2008) new claim of physical delivery of different note in 2012. All same bank, NYC.
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texas

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Reply with quote  #19 
Forget not the courts can be deceived.
What laws of proof required to prove a right.
It will boil down to rights and the CONSTITUTION.
What oaths were taken?
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