In a remarkable case before the Connecticut Superior Court decided in November 2009 and published earlier this month, the appellate court set aside an unusual sealing order imposed by a trial court on motion from Bank of New York, as trustee. The case is:
Bank of N.Y. v. Bell, CV075103037, SUPERIOR COURT OF CONNECTICUT, JUDICIAL DISTRICT OF HARTFORD AT HARTFORD, 2009 Conn. Super. LEXIS 3087, November 12, 2009, Decided, November 12, 2009, Filed; May 11, 2010, Published in the Connecticut Law Journal.
In this case, defendant Bell challenged the plaintiff's standing to foreclose. Apparently, unlike so many of the foreclosure mills nationally, the plaintiff sought to demonstrate its standing by pleading into the record several primary documents from the institutional trust bringing the suit, including a schedule of trusts managed by the trustee and a schedule identifying the mortgages nationally within the mortgage trust bringing the foreclosure action.
(Of course, pleading REAL evidence into the public court records is a very dangerous thing where contract forgers and perjurers everywhere else are creating false records in support of a foreclosure! What if someone took the real records and began comparing them with the fabricated evidence used in other places?)
The plaintiff in the case sought and obtained a sealing order directing that exhibits 4, 4A and 5, be sealed.
The appellate court overturned that order. I will otherwise let the appellate decision speak for itself.
Attorneys and litigants interested in finding evidence of false pleading, forgery and falsification of business records in other judicial proceedings are encouraged to obtain copies of these previously sealed exhibits to use in their investigations. Perhaps someone can find a basis to put together a good class action lawsuit!
Maybe someone will even purchase a copy of these previously sealed exhibits from the Clerk for the Judicial District of Hartford and post them for everyone to see!