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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Bill

http://www.scribd.com/doc/51195445/christopher-spradling-w

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Bill
A few interesting highlights of this deposition:

Page 5:  I had my own Law Practice.

Page 5:  My primary responsibilites as litigation manager is to review and EXECUTE interrogatories, affidavits..........

Page 8:  Q: ...have you ever had an opportunity to speak with U.S. Bank...
            A:  No
            Q:  Have you ever had any communication in your lifetime with that entity?
            A: No

These must be great affidavits and Interrogatories.
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Moose
I would caution anyone who reads depositions that what is contained in them often does not reach the level of being considered by a court as evidence - and it cannot be used in any other cases until it is.

You'll note from the text that counsel for the plaintiff objects to almost every question based on "form" yet the witness provides an answer.

Each and every objection provides an opportunity to require the court to rule as to whether or not the response to the question can be admitted as evidence.  It's purely procedural and a common tactic in depositions when one side has unlimited resources.

Tough concept to deal with - depositions are taken under oath, therefore what is in them is supposed to be the truth, but unless and until a court has dealt with any objections and ruled them to be evidence, they aren't.

Moose










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Moose wrote:
I would caution anyone who reads depositions that what is contained in them often does not reach the level of being considered by a court as evidence - and it cannot be used in any other cases until it is.

You'll note from the text that counsel for the plaintiff objects to almost every question based on "form" yet the witness provides an answer.

Each and every objection provides an opportunity to require the court to rule as to whether or not the response to the question can be admitted as evidence.  It's purely procedural and a common tactic in depositions when one side has unlimited resources.

Tough concept to deal with - depositions are taken under oath, therefore what is in them is supposed to be the truth, but unless and until a court has dealt with any objections and ruled them to be evidence, they aren't.

Moose

I'm not an attorney and this is not legal advice - - Moose as soon as depositions are sworn to and entered into evidence they are indeed "evidence."  On this same subject I would caution those who have taken or given depositions to make sure they are sworn to. Even if they are entered into evidence an unscrupulous opposing attorney can take advantage of those acting pro-se by making a motion to dismiss due to "a lack of evidence." If your case has no sworn affidavit of any sort, no matter how much "evidence" you think you have given the court your case can be dismissed for lack of evidence if none of your evidence is sworn to. Additionally you can be forced to pay legal fees for an opposing lawyer exploiting this dubious angle.

 

Ed Cage   |   ecagetx@gmail.com

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Bill
Quote:
I would caution anyone who reads depositions that what is contained in them often does not reach the level of being considered by a court as evidence - and it cannot be used in any other cases until it is.



With many MERS depositions and Servicer depositions floating around, aside from the insight into the systems, procedures, and internal works of these organizations do they have any other value?  Is it worth paying a few hundred dollars to get a certified copy of one of these depositions?

Without paying a significant fee ($4.00-$5.00 a page) to obtain a certified copy I do feel if someone was in a foreclosure suit involving Litton Loan this would provide some useful information that may be worth investigating with good discovery and pose a good line of questions without referring to the deposition.    


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