In a rather remarkable decision by the Court of Appeals in Minnesota in the case Beecroft v. Deutsche Bank National Trust Company the Court found for the plaintiff-appellee in part based upon affidavits from Twanna THOMAS and Linda GREEN, swearing to the authenticity of their signatures as they appeared on assignments. The case is:
Beecroft v. Deutsche Bank National Trust Company, No. A10-1144, 2011 Minn. App. LEXIS 42 (April 26, 2011)
The decision includes this text:
We turn first to the Beecrofts' challenge to the authority of the special officers who executed the assignment to act for Citi Residential. Linda Green and Tywanna Thomas were employees of DOCX LLC, a company that provided document services for AHMSI. On July 1, 2008, AHMSI elected Green and Thomas as special officers with limited authority to execute documents required to process releases of security interests granted in connection with loans serviced by AHMSI. Green and Thomas also became special officers of Citi Residential pursuant to the January 30, 2009 Citi Residential election. Green and Thomas thus assumed the authority that the October 2, 2007 limited power of attorney granted to Citi Residential. Our careful review of the record, including the documentation of the election and the limited powers of attorney, establishes that there is no genuine issue of material fact as to whether Green and Thomas had authority to act on behalf of Citi Residential with respect to the powers granted in the limited power of attorney.
The Beecrofts also challenge the assignment on the ground that the signatures of Green and Thomas are not authentic. The district court found that the Beecrofts failed to identify specific facts or evidence establishing a genuine issue of material fact as to the authenticity of the signatures of Green and Thomas on the mortgage assignment. We agree. The Beecrofts identify no discrepancies in signatures on documents relating to their mortgage. Deutsche Bank submitted separate affidavits from Green and Thomas attesting that the signatures on the pertinent documents are theirs. Although the Beecrofts presented several documents that they contend demonstrate great variance in the purported signatures of Green and Thomas, all of those documents are unrelated to the transactions at issue in this case. Absent evidence rebutting the affidavits of Green and Thomas and creating a genuine issue of material fact, these affidavits provide a sound basis for the district court to conclude that the validity of Green's and Thomas's signatures on the Beecroft mortgage assignment is not a genuine issue of material fact precluding summary judgment. See Phillips-Klein Cos. v. Tiffany P'ship, 474 N.W.2d 370, 373 (Minn. App. 1991) (holding that when record lacked evidence rebutting movant's affidavits, nonmovant failed to meet its burden of demonstrating an issue of material fact).
Somebody ought to take a very close look at those affidavits!
Someone should also show the 60 Minutes piece on DOCX to some Minnesota prosecutors!
Share the OUTRAGE!