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In a typical day in Court, the “borrower” is asked by the lawyer for the “lender” whether THAT is his or her signature on the note and the mortgage. The initial response is yes. By admitting that signature you have validated the note and mortgage and that you signed it and that the foreclosing party has it. That is a lot of admitting based upon a single “yes” answer.
My question to you is whether you have answered truthfully. Do you really remember what you signed, what was written on the documents and exactly how you signed each document? In most cases it is years before. The homeowner answers “yes’ because he or she knows they went to a closing and signed a bunch of papers.
It frequently does not occur to either foreclosure defense counsel nor his client that someone would have the brass to come into court with an entirely fabricated document that is signed by a robot in a fabrication of the closing documents that occurs long after the alleged loan closing but before trial of the case in which a complete stranger is foreclosing on the property as though it was the creditor.
The stranger gets away with it because the stranger is lying to the only party that has any claim —equitable or legal — to get payment from the loan “closing” in which the wrong creditor was put on the note and mortgage just so the Wall Street banks could play with the mortgage documents and bet on them as though they had an insurable interest.
Public figures have long used mechanical writing to replace their own hand in writing letters and signing documents and even checks. For some reason, few people have actually brought up the issue in court and most simply go along with the farce without realizing they are contributing to the fraudulent scheme of the banks.
At trial the banks have a problem. They can’t bring in a real witness to verify the closing documents on the loan because they destroyed the original documents in most cases. So they use the homeowner to authenticate fabricated documents created through automation.
In my opinion, for most people, the true answer is “I don’t know.” Or possibly “I don’t remember.” Unless you are positive that the document is the same note or mortgage you were shown at closing — not a copy of it made to look an original — then you should not telling lies in court. If you have no recall about what was signed at the alleged “closing”my opinion is you should not pretend otherwise. Unless you have had an expert forensic document examiner authenticate the “original” documentation relied upon by the bank, then you don’t actually know if you put that signature on the page instead of a robot. The fact that you know you signed something like it doesn’t mean THAT document is real. The fact that the robot did a good job doesn’t mean it is your signature.
Once the borrower has resisted the temptation to validate a fabricated document, the lawyer for the bank will probably try to get the documents in by “Self-Authentication.” Those are legal arguments we can talk about later. The last thing they are going to do is bring a witness who really knows — because that means either perjury or Pandora’s box unleashed.