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
The Equitable One
I came across this NJ Appellate Court decision this afternoon, available at:

http://www.scribd.com/doc/47842733/DBNT-v-Wilson-w?autodown=pdf

The panel has, in my lay opinion, ruled correctly on the evidentiary issues. Despite appearances this decision does not revolve around the robo-signing issue. It revolves around the rules of evidence and plaintiffs failure to submit its evidence in compliance with those rules.

Going into court and inarticulately pleading "robo-signer" will not secure you a victory. Instead the court may ask you not to let the door hit you in the *ss on your way out.

Proper objections to purported evidence submitted by plaintiff, with local case law in support, will increase your chances of winning dramatically. And this is better than buying a lottery ticket!! It is well known that your chances of winning the lottery increase only very, very slightly when you buy a ticket.

Knowing the rules of procedure, and of evidence, and insisting they be followed to the letter is priceless. Remember, Plaintiff's counsel is only alleged to be competent, and will have difficulty following the rules. Knowing the rules better than they do is a tremendous advantage.

My mantra, drilled into me by one wiser than I:

Read the rules of procedure, read the rules of evidence
Read the rules of procedure, read the rules of evidence

I read them daily and still feel it is not possible to read them TOO OFTEN!

There is a very compelling "white paper" on evidentiary issues that I recommend everyone read. It covers the issues of personal knowledge, hearsay, conclusory averments and the best evidence rule. Found at the following:

http://ssgoldstar.websitetoolbox.com/post?id=4903945

Quote 0 0
echo
Good point, but see:

http://ssgoldstar.websitetoolbox.com/post?id=5071425


Other foreclosure defense services picked it up from the Forum.

But the points probably bear repeating.

Quote 0 0
The Equitable One
Well, momma always said I'm anywhere from a half hour to a week late. Just trying to live up to my reputation.
Quote 0 0
Write a reply...