Jump to content

Does Anyone Have Case Law Re: Robo-Signing?


Recommended Posts

Read this:

 

http://stopforeclosurefraud.com/2011/08/16/robo-affidavit-class-action-settles-for-5-2-million-midland-funding-v-brent/

 

Interesting but it doesn't do you much good, believe it or not. The fact that Midland (or any JDB) robo-signs affidavits is not something you can use per se as you have to prove YOUR affidavit from the JDB was robo-signed. Don't get me wrong, this is good information but you have to attack your specific affidavit and your specific affiant. 

Link to comment
Share on other sites

If you think you can prove this, file a motion to strike the affidavit with your evidence attached. "I think this was robo signed" won't do. It may require some discovery beforehand. If you do file the motion, you have to cite the manner in which the affidavit fails to conform to the rules of evidence. That's where you cite case law, showing how judges in your state have ruled on similar matters. Wouldn't it be nice if some of that case law involved your plaintiff?

Link to comment
Share on other sites

Yes, I have a copy of the notary's official signature, a copy of the affidavit with a different signature and some correspondence regarding the complaint I filed with the Secretary of State and their response to me.  I just wanted some case law to cite in a Motion in Limine as additional ammo.

Link to comment
Share on other sites

Just for education of others that may find this thread and be thinking they want to attack a possible Robo-Signed affidavit. If the OC or JDB you are facing has had ruling against it take note of what Flyerfan has to say. You have to prove that your particular affidavit was robo-signed. However if you find a case against them, it gives you very strong evidence of why additional discovery is needed. They may try to object to it, but since there has already been an issue with the way they conduct business, you have grounds for greatly expanding your discovery path and calling into question every aspect of their case.

Link to comment
Share on other sites

Just for education of others that may find this thread and be thinking they want to attack a possible Robo-Signed affidavit. If the OC or JDB you are facing has had ruling against it take note of what Flyerfan has to say. You have to prove that your particular affidavit was robo-signed. However if you find a case against them, it gives you very strong evidence of why additional discovery is needed. They may try to object to it, but since there has already been an issue with the way they conduct business, you have grounds for greatly expanding your discovery path and calling into question every aspect of their case.

Exactly !! Any affidavit signed by anybody for Midland can be attacked with Brent V Midland.   In that case Midland as part of their agreement agreed to not use false affidavits in court.  Yes it's true you can see the actual settlement and they agreed to that.   And we just thought not lying in to the court was assumed, NOPE, not good ole Midland by God, they made it a part of their settlement agreement (along with paying 5 million) now that's just good stuff and good prima facie evidence to kicked the discovery door open and drive a freaking Mack Truck right through it.

Link to comment
Share on other sites

Have you done any research to see if the person that signed still works for the company? 

 

I actually don't know for sure that the notary ever did work for them necessarily.  I have considered calling them and asking for the notary, as well as the affiant just out of curiosity as to whether either of them work there now.  Internet searches have not helped me to determine this about either one of them.

Link to comment
Share on other sites

Exactly !! Any affidavit signed by anybody for Midland can be attacked with Brent V Midland.   In that case Midland as part of their agreement agreed to not use false affidavits in court.  Yes it's true you can see the actual settlement and they agreed to that.   And we just thought not lying in to the court was assumed, NOPE, not good ole Midland by God, they made it a part of their settlement agreement (along with paying 5 million) now that's just good stuff and good prima facie evidence to kicked the discovery door open and drive a freaking Mack Truck right through it.

 

That's exactly why I was hoping to find something about robo-signing, especially with regard to Citibank.  Would love to show that they have been found to do it before. 

Link to comment
Share on other sites

Using interrogatories you can ask questions regarding anyone with personal knowledge. Send ROGS to ask where they work, how long they've been there, what their job title is, work phone number. You are entitled to know this as you may want to deposition them. They are a potential witness and you are allowed to speak to them, right? Use the ROGS.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.