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Originally Posted by Extramural
QM,If you are going to a foreclosure hearing, I advise two things:1. Make sure you hire your own court reporter to be there.2. Subpoena the ORIGINAL Note from the alleged Noteholder.
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in re 1. One step ahead of ya.
in re 2. That has been addressed in V & V demand of production
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Originally Posted by trooper2ls
Don't be surprised if these guys attempt to evade culpability by simply ignoring what you sent them... then when you fax the proof of signature.. then they may just claim you sent them blank paper in an envelope.. not what you claimed you did... and now they have created reasonable doubt in the eyes of the black robes and the attorners in court. Can you prove you sent them what you claimed you did? Anyone can put blank paper in an envelope and send it certified mail with a return receipt. I'm not attacking your method.. but relaying a real world experience that I have had.. these guys play DIRTY.
I ran into this issue with 2 seperate banks so far in "doing battle" myself.
After that round.. I took a more concrete approach:
I had the documents notarized and had the notary make copeies.
I attached certificates of mailing to each of the documents in each package.
I had the post office rounddate each postmarked certificate and wrote the REGISTERED MAIL number on each of them.
Then I made copies of each of these pieces of paperwork at the coin op copy machine in the lobby before having the clerk seal the envelope and roundate their seal.. and then I made a copy of that.
Lo and behold.. this time they didn't try to evade. You may get off easy.. but don't count on it.. those guys are crooks and will play dirty. The more people become educated, the harder they will fight you. Gotta dot those "i's" and cross those "t's" and be ready to fight.
..J
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I had considered the possibility of them claiming they never received the documents hence return receipt, but it never dawned on me that they might claim to have received blank papers.
Indeed this would fly in the face of common sense, i.e. why pay to send plank papers, but these bastards operate by the rules of common sense.
My response would be to have them produce the alleged blank papers bearing my fingerprints, and if they cannot then nail them for destruction of evidence.
Thanks for the input.
well my t,s are dotted, and my i's are crossed. I'm going to bed.