Mortgage vs. CPN / One Note vs. Another

[suijuris]

No matter what it says, they have to be able to produce the ORIGONAL - anyone want to guess why?

[juststartingout]

to prove the documents are valid and not altered in any way

[suijuris]

How about :



1. To prove a valid contract exists

2. To prove the actual holder of the note is the party demanding to be paid

[logos]

Other reasons:

1. A copy of the alleged contract may have the form, but not the substance, of your signature.

2. If they bind you to a copy of the alleged contract, you could be subject to double liability should the holder of the original contract appear.

3. possible UCC reason (don't remember the particulars): interest in the contract is perfected by control (possession?) of the document. possessing a copy is not control or real possession--or something to that effect.

I agree with all of you I realize what is suppose to be my problem is the out and out unlawful way the court is treating this. The court has said my requests were frivilous for the orginal and other arguements but most of all I have requested for the court to make them produce the real documents for all of this time now with no luck. The court is ignoring my position and taking the word or of the lawyers and not making produce anything. So my next step is ask the judge to dismiss this case as settled since they will produce the original document? When I have done this in the past my requests were denied. I do hope I have made myself clear on this I don't know how else to explain it they are just not following the laws anymore here and the banks are getting away with murder. To date I have 3 judgements against me and not a one were made to prove that I owed the debt by providing my signature. One of them is for my car, I refuse also to give anything up. Thanks

[suijuris]

"The court has said my requests were frivilous for the orginal and other arguements but most of all I have requested for the court to make them produce the real documents for all of this time now with no luck."



Are you using the discovery process to request the documents? What exactly did you request, and why? Have they produced a copy that you have viewed and attested to the fact that it is your signature on the face of it?



"The court is ignoring my position and taking the word or of the lawyers and not making produce anything."



Are you making the record via the use of affidavits and swearing in before speaking? If not, you are probably not going to be heard. And are the attorneys being allowed to testify/put evidence before the court without any objection?



"So my next step is ask the judge to dismiss this case as settled since they will produce the original document?"



You have no grounds to do so if you have not used the discovery process to order production of said document. If they have refused to follow discovery orders, that is an entirely different situation.



"When I have done this in the past my requests were denied."



You keep mentioning "requests" - what are you talking about? Motions, verbal arugments, or what? You need to use the courts rules, such as discovery, or they will walk over top of you every time. You will need to provide more details on what motions and discovery requests you have filed, and what the court's response was in order for us to assist...

[Ice]

Also, make use of "Judicial Notice" in which the judge must rely on previous court rulings in regards to the production of "original contracts".



There is a reason the judge isn't "hearing" you... which is why he is making decisions in favor of your opponents. For some reason you are not making the record. Go over everything you have done and find out why.



Ice

OK, Some Questions:





1. Where to find explanation and how to write and serve a Judicial Notice. Is this in FRCP?



2. Anyone ever read their deed of trust(DOT)? I read mine,and it WOWED me. In it, a person signs over their property to a trustee whom you have never met, and who has no address listed on the DOT. I had absolutely NO clue that I was giving permission for my home to be inspected at any time. or that I was giving up all my rights in property. WOW.



This is a learning experience.