after almost 2 years, I don't rule anything out. And as you stated they will have attempted to "explain" by false affidavits how the mistakes were made in their filings.
The bankruptcy case was dismissed so that's when they foreclosed. But they never filed a copy of the note in the court for the ejectment action, just the assignment and I wasn't sure how to get a copy of the note without it being all doctored up with endorsements, so this did make that a lot easier for me but I still have a long row to hoe. But I would think they would have to file a copy of the assignment of mortgage with the bankruptcy court too, which they did not.
And you're right, there is no way to authenticate the certification because it's ineligible and there is no affidavit. And I don't want to give them the opportunity to find the original - I just want to hold them to the copy of the one filed in the court, because like you said, the original endorsed note can just pop up out of thin air.
"Then, the creditor/claimant MIGHT just file a perjured affidavit seeking to prove up the unindorsed copy. You really want the plaintiff to come into court and SWEAR TO the unindorsed copy."
and they are so good at that too - I much prefer the sworn affidavits
At the very least, this is NOT going to be a case they are going to want to press aggressively.
that's what I'm hoping for ... with all the stuff I've found, I think they would be stupid to continue to pursue with the house - they've got a whole lot more to lose than that.
the assignment was executed in Nov 2007 and recorded Dec 2007 and the claim filed by the "secured creditor" was in January 2008. But the assignee's claim included defaults from July 2007 prior to the assignment.
the mortgage company did a foreclosure and then demanded possession of the property - when she didn't vacate they filed an ejectment action and that's when their claim to legal title was challenged by yours truly.
17 days and still counting til an answer is due ...