I don't know, but I hope the fact that the Dorean Group is using a bond to back them up, in good faith, will prevail.
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Originally Posted by logos
Purge:
In the case you cited the Goodrich's may have lost, in part, because they might not have rebutted the presumption they signed a promissory note that did/does exist somewhere. Do you know if they did? I haven't read the original case this was an appeal of. Though it's true the holder must produce the note if so demanded to, merely asking for it doesn't rebut this presumption but only serves to determine if the alleged holder is the rightful holder. Perhaps they should have stated in an affidavit they had no knowledge of what the bank was claiming because they never signed any note in the first place. When Chase later produces an alleged original note, they could have claimed, after inspecting it, the signatures weren't theirs.
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