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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We have spent a couple of years investigating the fraud going on in mortgages and foreclosures. We are going through a case now we did present the fraud with documentation to the court however they seem to be blind to justice.  I do not know if we did good or bad but so far we opposed the motion for Summary Judgment/ The other side got an adjournment without our consent, till 9-17 now they get another date to do oral arguments on 9-27 sure wish we had an attorney. We posted our response to the motion for summary judgment on scribed not the exhibits yet maybe someone can give some guidance. Spent time going for pro bono help they all seem to be only by referral only. The legal aid sad with budget cuts we are not eligible for help. Last year they only were interested in doing a modification (no help). Any media interested in what we have maybe? What we put on paper must have been good enough to not loose the case based on what we presented but now we know the rules of the court are against us since we do not have the knowledge. We are against Deutsche Bank National Trust Company, Goldman Sachs, and other from GSR Mortgage Loan Trust 2006-oa1. If anyone wants to see the scribed docs here is the link, maybe Final Response Pro SE to Motion for Summary Judgment Response 8-11 [scribd id=36436088 key=key-1pu2je825qf7kv65tk1s mode=list]for word press <a title="View Final Response Pro SE to Motion for Summary Judgement  Response 8-11 on Scribd" href="" style="margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block; text-decoration: underline;">Final Response Pro SE to Motion for Summary Judgement  Response 8-11</a> <object id="doc_31321370938994" name="doc_31321370938994" height="600" width="100%" type="application/x-shockwave-flash" data="" style="outline:none;" >        <param name="movie" value="">        <param name="wmode" value="opaque">         <param name="bgcolor" value="#ffffff">         <param name="allowFullScreen" value="true">         <param name="allowScriptAccess" value="always">         <param name="FlashVars" value="document_id=36436088&access_key=key-1pu2je825qf7kv65tk1s&page=1&viewMode=list">         <embed id="doc_31321370938994" name="doc_31321370938994" src="" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" height="600" width="100%" wmode="opaque" bgcolor="#ffffff"></embed>     </object> standard html

Joe Quinn
4032 Rt 516
Matawan NJ 07747-7064
732-566-8599 Please leave a message.
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William A. Roper, Jr.

I am unfamiliar with New Jersey law or new Jersey court rules.  it is also important for you to understand that I AM NOT an attorney and this is NOT LEGAL ADVICE.  Rather this is merely a discussion amongst fellow pro se litigants. 

What I have observed in several other foreclosure cases is that when you successfully poke holes in the plaintiff's case in opposing summary judgment, the plaintiff is often going to produce some NEW EVIDENCE.

In many jurisdictions, there are very strict and specific Rules relating to WHAT summary judgment evidence may be considered and WHEN it is to be tendered.  That is, under federal Rule 56 or your jurisdiction's equivalent, the rule will probably limit the evidence to affidavits and discovery materials filed with the court.  Oral testimony will NOT be considered.

Very often, the plaintiff's affirmative evidence must accompany the motion an /or be on file for at least a certain number of days (see Rule 7 or the state equivalent).  A key reason for this is so that a party idn't ambushed at the hearing with unexpected issues or evidence and to give each side an opportunity to confront and impeach the other party's evidence.

However, generally, if a party fails to expressly OBJECT to the introduction of inadmissible evidence, then the issue is deemed WAIVED and in many instances, such a waiver will preclude you from raising this issue on appeal.

This is one reason that it is desirable to have a qualified, licensed attorney well familiar with court rules present to defend you and to raise appropriate objections.

IF the plaintiff produces NEW EVIDENCE at or before the next hearing, you need to be prepared with an express OBJECTION to the introduction of the new evdence.

Bear in mind that there is also a provision in federal Rule 6 and the stte equivalent for a court to enlarge a deadline, usually for good cause or cause shown.  This has been held to apply to enlargements of time for the introduction of additional evidence.  But if the plainitiff fails to make an affirmative showing of cause, the surprise evidence should be excluded.
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Here is a transcript of a Motion for Summary Judgment Hearing in which the Bank motion is denied. Watch what the bank attorney has to say:
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Another Summary Hearing transcript
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This is the link to that other case ,
It looks like we are going to have to go into court pro se.
thanks all

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