From the thread:
MSF Admin 01/23/12 at 12:54 PM MA Register of Deeds offers Affidavits
Note: please read the entire post as it relates directly to Stern’s filings and is very instructive (especially Bill’s and ka’s input)
“Quote:Originally Posted by John Lewis
Here is a scenario:
The mere fact the Nikki Cureton is a known robo-signer means very little by itself. It does appear to be her signature. It would be better if I could compare it to other samples of her signature and say it was not hers. However, like I said the other day, you have to build up your case like a pyramid. My Assignment of Mortgage shows on its face that it was prepared by David Stern after the lawsuit was filed against me. The effective date of the AOM is in December, 2008, which is impossible because the US Bank trust that is suing me had a cut off date in 2006. Furthermore, if the 2008 assignment date was correct, that would mean my loan was transferred into the trust while it was in default, which creates another issue. My assignment shows consideration was paid to MERS for the assignment, which is also false. Add all of these things up, and you have an AOM that was prepared by plaintiff's counsel for the purpose of perpetrating a fraud on the court by making it look like a real assignment.
Bill’s Response: You posted some interesting problems. It is very difficult to prove fraud on the court. Just because something was filed that is NOT correct does not amount to fraud upon the court. U.S. Bank v. Harpster is a good example of fraud upon the court. It is very EASY to discount the value of the assignment and dismiss it as a paperwork mistake or just a memorization of a prior transfer.
In the case where Stern did the assignment post commencement I'd really be taking my time reading the assignment. The language often includes:
together with the note and each and every other obligation described in said mortgage and Ihe money due and to become due thereon
If you got the Plaintiff to embrace the assignment rather than attack the assignment, this would seem to show that the Plaintiff received the note AFTER COMMENCEMENT. This is even more problematic when an unendorsed copy of the note or a lost note affidavit is attached to the complaint.
We all know that most MERS assignments are fraudulent in some way, but you also have to consider this MAY benefit the homeowner in some way. You have to fight the knee jerk reaction to run into court with a hand full of papers trying to show this fraud if the document SUPPORTS your arguments.