Skeeter84g

Hearing on M.S.J next month please review my OPP

Recommended Posts

In the JDB's motion for summary judgment, did they claim the account was purchased from US Bank by Unifund?  Did the JDB claim to purchase the account from Unifund?  I'm not referring to the 2nd affidavit.  Just the MSJ.

 

In the Plaintiff's MSJ they do not claim that they purchased the account from Unifund... They just claim there are no genuine issues of fact which must be decided, and that the Plaintiff's enititled to to judgement in the above entitled action as a matter of law.  However they state: " THIS MOTION is based upon the pleadings , Affidavit of LD, which will be filed hereinafter." So basically she claims they bought the account from Unifund in the 1st affidavit... The MSJ is based on the 1st affidavit. So in a round about way they are claiming they bought the account from Unifund.

 

In my opinion, it wouldn't matter about the signature or the person who signed it.  The complaint and the first affidavit state that UNIFUND purchased the account from US Bank.  The affidavit to which your referring referenced Pilot Receivables.

 

Ya I wasn't planning on focusing any effort on this.. I was just curious to too see and compare the signatures.

Share this post


Link to post
Share on other sites

THIS MOTION is based upon the pleadings , Affidavit of LD, which will be filed hereinafter." So basically she claims they bought the account from Unifund in the 1st affidavit... The MSJ is based on the 1st affidavit. So in a round about way they are claiming they bought the account from Unifund.

 

There you go.  The 2nd affidavit doesn't support the claims in the affidavit of LD which was obviously provided to support the claims made in the pleadings.  It is in conflict with the pleadings and the statements of LD.

 

I believe you stated before that the affiant was the same in both affidavits.  If that's the case, she's proven she has no personal knowledge of the facts of the case because she can't get her "facts" straight.

 

Considering she has made the statements in both of those affidavits, and the statements in #1 differ from #2, it might be possible that one or both affidavits were made in bad faith.  :lies: 

Share this post


Link to post
Share on other sites

Hey Skeeter -

 

When I posted my latest I saw this upload option so thought I would trying getting you those VP BOS signatures this way to look at and compare with yours.  Hope it works!

 

 

BOS Signatures.pdf

  • Like 1

Share this post


Link to post
Share on other sites

Posted Today, 04:48 PM

Hey Skeeter -

 

When I posted my latest I saw this upload option so thought I would trying getting you those VP BOS signatures this way to look at and compare with yours.  Hope it works!

 

 

unknown.gif  BOS Signatures.pdf   276.35K   0 downloads

 

This worked great how did you do it? I cannot find the upload option?

Share this post


Link to post
Share on other sites

post-94254-0-35582300-1361060213_thumb.j

 

I hope this works :punknanner:

 

If your print them out and compare them... the two of them seem to be exact copys of oneanother.... I dont think anyone can be that consistent on their signatures... lol...The D in mine is just not photocopied as well as you can tell.... look at the period after the m... exactly the same..

 

Very interesting.. Same signature... different dates .... January 6th on yours... and January 3rd on mine... This has to be fraudulent

Share this post


Link to post
Share on other sites

I was trying to stand on my head to read it when all I had to do was print it!  It opens upside down in the post.  BTW the upload option is available when you hit the "More Reply Options" button at the bottom of the post (not in email that I have found tho).

 

OMG you are right - that name is exactly the same - could it be a stamp, or a digital signature?  Or else he had a lot of BOS's sitting around already signed waiting for the highest bidder.  I found his resume on my search for the signatures.  He left US Bank after 17 years - he was responsible for debt sales, so it is the right guy (and he started as a Collections Manager in 1995).  Wonder why he left?  He might make a good witness.  I should track him down - I think he is in Missouri now.  (Isn't googling spookie??) I think I will keep looking - he might have his own JDB if he was smart (a scoundrel but smart).  Anyway, very very interesting.  If you need anymore info let me know.  It is still grasping at straws, but who knows....  Be seein ya...

Share this post


Link to post
Share on other sites

But doesn't the new affidavit actually strengthen the OP's defense?  The new affidavit claims the account was sold to a completely different JDB than was claimed in the 1st affidavit and the MSJ. 

 

Yes, he should object, but I think the introduction of the affidavit shows the duplicitousness of the plaintiff.

Courts are not allowed to throw new evidence in a reply into the mix. Because it is wholly conclusury. The issue of no new evidence in reply has to be brought up to prevent waiver of objection. Lawyers vs. lawers they would never do this but against pro pers they will do anything they want. Also if the OP brings it up the court has to refute it to allow that in. the inconsistency can be noted in oral arguements also.

Share this post


Link to post
Share on other sites

he left US Bank after 17 years? 3 years from retirement? Vestedbenifits and all that jazz. Something fishy about that, the economy is too bad for that.

Share this post


Link to post
Share on other sites

 

 

I agree.  When I have time I am going to see what else I can find.  Unless there was some kind of a merger and he was redundant.  Maybe he objected to robo signing??  Very interesting :conspiracy:

Share this post


Link to post
Share on other sites

usb-forward-flow.pdf

 

Skeeter!  I found another Daniel Rose signature.  It looks just like the 2007 one I sent you, but this one is 2009.  Get this! It also has an entire forward flow US Bank agreement with a Livingston Financial in MN.  It is long and I haven't read it all the way through, but even though it is MN I bet it is close to aboiler plate agreement.  Take a look at it.

 

I am also going to email it to several people who have helped me, in case it could help anyone else.

 

Hope it helps you somehow.

 

 

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.