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Just to piggy back on my article on Friday, it is awards like this that should give judges pause before they consider the documents presented by the banks in court to be worthy of any presumptions of authenticity, trustworthiness or credibility.
And this is a case where the doctrine of UNCLEAN HANDS justified denying the bank the option of the equitable remedy of foreclosure.
If we are dealing with parties who are known to have engaged in patterns of fraudulent conduct, why should they be presumed to be on the right side of of the evidentiary rules? On the contrary, the rules of evidence are intended to result in an efficient rendition of the truth — not to be used for fraudulent pranksters stealing trillions of dollars in money and property.
Filed under: foreclosure |