Thursday, April 29, 2010

LOST NOTE, ORIGINAL NOTE FURTHER DEFENSE EXPLAINED

When is an “Original” Note
Not THE “Original” Note?


April 27th, 2010 · 4 Comments · Foreclosure

When a forged document has been submitted to the court…..have a look at the latest blog posting from our friends and fellow foreclosure fraud fighters at4closurefraud.com
I hate to keep using inflammatory words to catch attention like “BOMBSHELL” or “SUBSTANTIATED ALLEGATIONS OF FRAUD”, but I continue to hear allegations that lenders and attorneys are passing off computer generated copies of original notes and passing them off to judges as “original” or “wet ink” notes.
I have yet to see one myself, but this latest post appears to be a “live” one.  Remember all foreclosure cases filed with the courts are available for inspection.  Make sure you examine all the documents carefully and make objections when issues of authenticity are real.
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4 COMMENTS SO FAR ↓


  • Counsel for Plaintiff JP Morgan in our case is Florida Default Law Group.
    The note and mortgage were submitted by FDLG as “original” same day of summary judgment.
    My husband and I are graphic artists and could tell they were not real.
    This was brought to Judge’s attention during our last hearing, however, the Judge said “It looks like the real one to me” This hearing was recorded. It’s on appeal now.
    By the way
    We are now in the process of reporting a judicial misconduct of this Judge with the Judicial Qualifications Commission in Tallahassee.
    We determined that the Judge offensive conduct to be of a criminal nature, so we are filing a complaint with the State Attorney’s Office in Orange county as well.
    The Judicial complaint address is:
    Judicial Qualifications Commission
    Room 102, Historic Capitol Building
    Tallahassee, Fl 32399-6000
    850-488-1581
    Thank You

    • MR, you are ABSOLUTELY correct, and HOW did that judge determine it ‘appeared’ to be authentic. What qualifications, training, education, and experience does he have to make that statement, and determine it IS IN FACT, not belief, the original? IN all cases that I am aware, most if not all judges and attorneys are incompetent to give testimony (and that judge gave testimony illegally) and cannot do so legally. You are right on track to file JQC complaint!

    • Attorneys are incompetent to testify or create written evidence in any case without being sworn as a witness with standing (Trinsey v Pagliaro, D.C. PA 1964, 229 F. Supp 647)

  • You can AND should question no matter what it appears to be. The burden of PROOF is on the plaintiff, and just because an attorney ’submitted’ what they claim to be an original. WHAT SUPPORTING EVIDENCE SUPPORTS THAT CLAIM?? If none, then it is NOT the original. You MUST have a document analysis expert NOT YOU (homeowner) make the determination, which should include a FULL accounting and COMPLETE listing of ownerships, transfers, insurance payments, and everything else associated with that ‘original’ that was submitted.

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