Another way to have fun in Court

Hi Everyone,

This is courtesy of Holly and John in our office, this is fun especially when dealing with an attorney for the bank who just graduated law school:

The key to this strategy is objecting to anything said. When the bank/servicer attorney starts talking in court, your response is simple "I object; relevance."

Ask on the record - "Does the Plaintiff stipulate now on the record whether or not they are the creditor/party in interest in this matter."

If the attorney is silent, then they have a problem because they are not defending their standing.

Add on the record "On and for the record and for my appeal is necessary, I believe in fact that by their refusal to stipulate on the record to being the Creditor in this matter, the alleged "lender" is showing prior knowledge of not being the creditor in this controversy, demonstrating prima facie evidence they are here in court today without "clean hands" since they are perpetrating a fraud upon the court."

Also reinforce the fact that if they commenced a foreclosure, served you with a verified complaint and are now silent - then they have damaged you further and are lying to the court.

When the judge then asks what he can do for you, or what you want, "I move this court grant me a reconveyance of the deed of trust to me immediately and return all property acquired by fraud from me." If the judge won't do that, at a mimimum you should ask for the foreclosure action to be dismissed with prejudice.

If the attorney for the bank/servicer says they do represent the creditor, then you get to have fun with them by reminding the court they have to "prove" where the alleged money came from. If they pull out a copy of an contract with your signature, deny its your signature and force them to produce the original.

As always, this is not intended as legal advice. Always consult a local attorney before proceeding with any legal strategy

Produce the note and deny your signature

In terms of producing the note, here are some additional points to consider.

In Court, the lender/servicer will try and get away using a copy of the note. Chances are they used a copy of a note in their foreclosure papers. Your answer is if it’s a copy you are presented with it simple, you automatically deny it. Always ask to see a note with the front and the back sides; all promissory notes go through the SEC and they have a tracking card for what pool your note was sold in and there will be a bar code and there should be a CUSIP #. IF there is neither of these on a note, then we are dealing with forgery.

Furthermore, when they attempt to use a copy of the note; deny the signature. If you deny the signature on the note and deny the debt as yours, you are forcing them to bring in the original to court by making it clear they are using a photocopy that is "hearsay". The only original is the one you signed.


As always, this blog is not intended to be legal advice and just food for thought. Always seek a local attorney when facing difficult legal decisions.

Filing a motion/lawsuit

Hi Everyone,

I wanted to briefly use this week to mention the following. I know many of you are aware of how the system works. You are aware that notes signed at the closing are often destroyed and copies with our signature securitized/monetized and cashed in either before or after the closing. In many cases due to your account file being sold from one company to another, you have a good feeling that they may not even have your entire file.

Be aware you have a great advantage of knowledge over other people. But also you have to realize if you are going to file a motion or commence a lawsuit, you have to raise arguments supported by the facts.

If you assert fraud, you can't just file a motion saying the "industry cashes in notes, the never lent me money, etc." Based on your specific facts of what happened to you, you can raise the arguments of fraud, material non-disclosure of facts, etc, but they must be specific to your case. The idea is to get the matter before a judge, and when it comes to discovery and production of evidence...thats when they are in for trouble.

As always this is not legal advice but some food for thought. As always seek an attorney to assist you in legal matters.