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

I see Florida cases citing a Florida Law that states "when exhibits and allegations contradict each other they are deemed to cancel each other out". I am in Ohio...but I can't find that law to quote anywhere. Can anyone help? Thanks in advance if anyone finds or knows it.

Quote 0 0
     Ginsberg vs Lennar Fla. Holdings, Inc. 645 So. 2nd 490,494, (Fl. 3dDCA
1994) "Where exhibits contradict complaint allegations, plain meaning of
exhibits control."
     In other words if the exhibits show that "A" owns the Note, but the
allegations in the complaint state that "B" owns the Note, the exhibits
control, B has no standing to file suit (unless there is an endorsement on
the Note showing "pay to the order of "B" signed by "A".
      In Florida, this situation comes up alot. To find a citation from your
state, go to the clerks office and examine files where attorneys are
working the defense. You can learn alot from them! You will also be able
to see clearly who the competent, honest attorneys are by examing their
work. BEST OF ALL, YOU WILL BE ABLE TO SEE CLEARLY WHO IS INCOM-
PETENT OR SELLING OUT THIER CLIENT!
Quote 0 0

Thanks for the reply Mike. And thanks for the explaination. I just wish I had time to get to the clerks office. I may have to take an afternoon off. This is certainly important enough.

Quote 0 0
Write a reply...