Mortgage Servicing Fraud
occurs post loan origination when mortgage servicers use false statements and book-keeping entries, fabricated assignments, forged signatures and utter counterfeit intangible Notes to take a homeowner's property and equity.
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FnDoomed
I'm on the lookout for some case law...

In the instant case my opposition judicially notices or otherwise references a self-serving affidavit submitted by them in another case.

An affidavit over THERE is evidence of nothing HERE beyond the fact that a self-serving affidavit got submitted THERE.

Got a case or application of the rules of evidence I can borrow?

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FnDoomed wrote:
I'm on the lookout for some case law...

In the instant case my opposition judicially notices or otherwise references a self-serving affidavit submitted by them in another case.

An affidavit over THERE is evidence of nothing HERE beyond the fact that a self-serving affidavit got submitted THERE.

Got a case or application of the rules of evidence I can borrow?



What state are you in ?
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FnDoomed
I'm in NH but I'll take any authorities I can get. It seems like such a simple concept but I'm having trouble locating something quickly. I'll be looking more in depth later tonight.

We're at MTD -> objection -> reply and I have leave to surreply by 9/26 if I want - so its too early for any affidavits of anything to be submitted, but I'm sick of hearing about it

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Hungarian Pro se
FnDoomed wrote:
I'm in NH but I'll take any authorities I can get. It seems like such a simple concept but I'm having trouble locating something quickly. I'll be looking more in depth later tonight.

We're at MTD -> objection -> reply and I have leave to surreply by 9/26 if I want - so its too early for any affidavits of anything to be submitted, but I'm sick of hearing about it



So what is exactly u are looking for?
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FnDoomed
I want cases that support the theory:

An affidavit over THERE is evidence of nothing HERE beyond the fact that a self-serving affidavit got submitted THERE.

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Boyd
Quote:
I want cases that support the theory:

An affidavit over THERE is evidence of nothing HERE beyond the fact that a self-serving affidavit got submitted THERE.


Judicial notice is actually a very robust strategy and one too often overlooked by borrowers.

In most places, judicial notice of adjudicative facts is mandatory. See Federal Rule of Evidence 201, or the state counterpart. Mr. Roper advocated this as a defensive strategy some time ago. It is a terrific way to bring in materials from other cases or the April 13, 2011, orders by the OCC, etc.

Generally, except in summary and motion proceedings, affidavits are disfavored. You generally have a right to confront and impeach the witnesses against you.

Have you considered serving a deposition notice and deposing the affiant?

Have you found any other ways to impeach the affiant?
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