OhioLawsuit Posted March 19, 2013 Report Share Posted March 19, 2013 I'm just wondering if anyone can point me to any cases that involved robo-signing. Link to comment Share on other sites More sharing options...
Flyerfan Posted March 19, 2013 Report Share Posted March 19, 2013 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 More sharing options...
BrunoTheJDBkiller Posted March 19, 2013 Report Share Posted March 19, 2013 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 More sharing options...
ArtVandelay Posted March 19, 2013 Report Share Posted March 19, 2013 Have you done any research to see if the person that signed still works for the company? Link to comment Share on other sites More sharing options...
OhioLawsuit Posted March 19, 2013 Author Report Share Posted March 19, 2013 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 More sharing options...
BV80 Posted March 19, 2013 Report Share Posted March 19, 2013 Here's a few cases from Ohio. They mortgage cases, but you can study the courts' rulings. Look for the highlighted words. http://scholar.google.com/scholar_case?case=10299085152462151221&q=%22robo+signed%22&hl=en&as_sdt=ffffffffffffe04 http://scholar.google.com/scholar_case?case=4038317333874922853&q=%22robo+signed%22&hl=en&as_sdt=ffffffffffffe04 http://scholar.google.com/scholar_case?case=14112528668664181731&q=%22robo+signed%22&hl=en&as_sdt=ffffffffffffe04 Link to comment Share on other sites More sharing options...
KentWA Posted March 19, 2013 Report Share Posted March 19, 2013 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 More sharing options...
Coltfan1972 Posted March 20, 2013 Report Share Posted March 20, 2013 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 More sharing options...
Torden Posted March 20, 2013 Report Share Posted March 20, 2013 Midland ... track record of lies? what is this world coming to Link to comment Share on other sites More sharing options...
OhioLawsuit Posted March 20, 2013 Author Report Share Posted March 20, 2013 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 More sharing options...
OhioLawsuit Posted March 20, 2013 Author Report Share Posted March 20, 2013 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 More sharing options...
Flyerfan Posted March 20, 2013 Report Share Posted March 20, 2013 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 More sharing options...
OhioLawsuit Posted March 20, 2013 Author Report Share Posted March 20, 2013 This may be useful to anyone dealing with Citigroup, Ally, JP Morgan Chase, Wells Fargo or Bank of America. It's is on the Department of Justice's website and references a robo-signing settlement (re mortgages) involving these five lenders. http://www.justice.gov/opa/pr/2012/February/12-ag-186.html Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted March 20, 2013 Report Share Posted March 20, 2013 Also the Linda Almonte case with Chase for wrongful termination may have some info if you can find it. Link to comment Share on other sites More sharing options...
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