How the bad guys get fake stuff into evidence and what you an do about it!


Manage episode 290632045 series 2453550
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Most people give no thought to the elaborate scheme in which documents are created exclusively for use in civil court actions. The fact that such a statement is true is reason enough to exclude such evidence, but the failure of almost every homeowner and lawyer to timely and properly object is the reason it comes into evidence anyway. No document prepared solely for court can be admitted into evidence in the court record. But once proffered, the court must accept it unless it is obvious that the document is plainly absurd and irrelevant to the issues before the court. And the presence of such evidence in the court record requires the judge to enter findings of fact and conclusions of law favorable to the claimant, who probably does not even exist. Given the fact that there are no business or monetary transactions in the real world, how does any document get admitted into evidence when it purports to be a memorialization of nonexistent events between either nonexistent or disinterested parties? How does the foreclosure mill get such a fabricated, forged, backdated, and false document into evidence? More importantly, how does the homeowner prevent such miscarriage of justice? In foreclosures, the point is NOT whether there is a loan or whether the homeowner owes any money. The point is whether the named claimant (plaintiff or beneficiary) can prove that they own the underlying obligation because that claimant paid value in the real world in exchange for ownership of the underlying obligation. The issue is not whether the "loan" was in"default." The issue is whether the claimant has any legal basis for receiving any relief.

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