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.
Articles |The FORUM |Law Library |Videos | Fraudsters & Co. |File Complaints |How they STEAL |Search MSFraud |Contact Us
William A. Roper, Jr.
The Wisconsin Court of Appeals handed down another key foreclosure reversal on evidentiary issues three weeks ago in the case PHH Mortg. Corp. v. Kolodziej:
PHH Mortg. Corp. v. Kolodziej, Appeal No. 2010AP60, COURT OF APPEALS OF WISCONSIN, DISTRICT THREE, 2011 Wisc. App. LEXIS 193, March 10, 2011, Decided, March 10, 2011, Filed,  THIS OPINION IS SUBJECT TO FURTHER EDITING. IF PUBLISHED, THE OFFICIAL VERSION WILL APPEAR IN THE BOUND VOLUME OF THE OFFICIAL REPORTS.
http://scholar.google.com/scholar_case?case=1124126929526183749

As in so many other cases, the plaintiff pleaded exhibits which it failed to authenticate by affidavit.

As suggested within my thread "Personal Knowledge, Hearsay, Conclusory Averments and the Best Evidence Rule"  ( http://ssgoldstar.websitetoolbox.com/post?id=4903945 ), defendants need to carefully inspect the plaintiff's affidavit of merit to determine whether it properly authenticates exhibits submitted in support of the motion.  When there is an evidentiary deficiency, the defendant needs to raise a proper and timely OBJECTION to the consideration of the improper evidence. 

BE SURE TO READ THE RULES OF EVIDENCE AND THE CASES ON THE RULES FOR YOUR JURISDICTION!
Quote 0 0
Write a reply...