Robo-witness and Robo-Testimony Shot Down by Fl 4th DCA

Sanchez v. SunTrust Bank | FL 4DCA – Robo-Witness disemboweled | The the fact that a witness employed all the “magic words” of the exception does not necessarily mean that the document is admissible as a business record

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This article is no substitute for a legal opinion from a competent attorney licensed in the jurisdiction in which your property or transaction is located.

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In the never-ending quest to substitute faulty presumptions for fact, the banks have settled on sending people to court with absolutely no knowledge of their own. Hence they cannot be accused of lying.

These robo-witnesses routinely spout robo-testimony stating the magic words. Yes they are familiar with the books and records, yes the entries were made at or near the time of the transaction etc.

But the truth is they have no idea what transactions, if any, were done by, much less recorded by, their employer. And the the second truth is that their employer is most likely to be a “servicer” who has not “serviced” the account — ever. The “new” servicer gets its authority from an unnamed instrument, perhaps a power of attorney, from another “servicer” whose power is derived from the Pooling and Servicing Agreement, of a Trust that never purchased the loan, note or mortgage — which means that the “original servicer” had no right to be servicing the loan and the Trust had no right to be referred to as the Plaintiff or beneficiary, depending upon whether you are in a judicial state or non-judicial state.

When the courts were presuming that the loans were real, they always started off their opinions with the idea that the homeowner took a loan from someone in the chain of the party who is asserting the right to collect and foreclose.

In this case, the Florida 4th DCA makes a subtle but profound change. It recites not that a loan was made but that documents were executed — and that makes all the difference in the world.

Sonia J. Sanchez and Hector L. Sanchez (“appellants”) appeal the trial
court’s final judgment of foreclosure in favor of Suntrust Bank (“appellee”).
They argue that the trial court abused its discretion by admitting certain documents into evidence under the business records exception. These documents include: a screenshot of a computerized record keeping system; the payment history; two default letters; the collection notes; and a payoff calculation. We agree with appellants and reverse.

Appellants executed a promissory note and mortgage with Suntrust
Mortgage LLC (“Suntrust Mortgage”), a wholly owned subsidiary of
appellee and the servicer of appellants’ loan, in June 2006. In January
2010 appellee filed its initial complaint, but failed to attach the note.
Later, in May 2010, appellee filed the original note which contained an undated, blank endorsement from Suntrust Mortgage.

 

– See more at: http://stopforeclosurefraud.com/2015/11/26/sanchez-v-suntrust-bank-fl-4dca-robo-witness-disemboweled-the-the-fact-that-a-witness-employed-all-the-magic-words-of-the-exception-does-not-necessarily-mean-that-the-document/#sthash.u578fg3G.dpuf

23 Responses

  1. Iceland

  2. Lindsey Williams spoke of their plan to do this in 2010.
    We have people who do not hear us, and do not see our writings of what is real with our real e-state.
    Planned back in the 90’s he said
    Lindsey Williams: Deathbed Globalist “Spills Gut” On Plan to Destroy America – Alex Jones Tv 3/6 — youtube search

    Trespass Unwanted, Creator, Corporeal, Life, Free, People, Independent, State, In Jure Proprio, Jure Divino

  3. test

  4. Ian, worse… what some of these guys are talking about is an international currency issued under world bank authority, meaning that all central banks will have to buy into the new currency and hold reserves made up of sovereign assets.

    Half the folks participating in the swap market claim to the BIS that the assets rehypothecated by our international bankers are presented within the boundary of “lofty evaluation”.

    Let’s face it, when the majority of your long term assets are still held to maturity on your balance sheet, despite actually being held for sale, or originated to be securitized, you have trouble brewing.

    What is the Fed going to do with the 4.2 trillion in MBS Securities owned outright. What market action can they take, and why do we the taxpayer pay a premium to guarantee prepayment and default to a private agency… This should have been built into the spread at purchase.

    40% of all mortgages are either owned or rehypothecated to the FRC, with note that are alleged to have been conveyed to the Agency trusts. How do you unwind from that credit without recapitalizing Fannie and Freddie through capital markets, and that is why there are still so many equity holders left in the common stock.

    Federal National Mortgage Association (FNMA) 2.0950 +0.0250

    Federal Home Loan Mortgage Corp – : FMCC – 2.06

    2016 will be interesting. the Fed experiment now enters the rising interest rate phase… the “bull dollar phase and the obvious run ins that we will see with stagflation.

  5. Npv,
    I always thought that the current wars were not over oil, but for the continued use of the dollar to settle all oil purchases the world over. And now the yuan will replace the dollar, if the chinese ponzi doesnt collapse before ours.
    Pls correct me it i am wrong.

  6. Dandanier1- The Big Short was written and published 5 or 6 years ago. I critiqued that book and others on this site shortly afterward. We had a lively discussion here. But you are right on w your comments. What to do is the question.

  7. http://www.theblaze.com/stories/2015/12/07/bernie-sanders-wins-the-time-magazine-readers-poll-for-2015-person-of-the-year/

    The only thing Sanders has right in this election is his distain for the idea that any big bank is Too Big To Fail.

    The repeal of the 100 year old Glass-Stegall act was the Genesis of the Financial Crisis of 2008-2009.

    Dodd-Frank paved the way for subprime mortgage contracts in “red-lined” communities. The mortgage documents, and the software of the Mortgage Electronic Records Services (MERS) crafted by AG Holder’s old (and present ) law firm guaranteed that the borrowers’ Adjustable Rate Mortgages would default and the banks’ mortgage servicing companies could sweep in like flocks of vultures or packs of wolves to “fraudclose” on naive, homeowners/borrowers.

    The “rewards” to these financial beasts of prey and bottom-feeders were massive bonuses to the insiders, historic profitable years to the investment banks, and an inventory of foreclosed “free houses” wrested from hundreds of millions of “defenseless sheeple”

    ..They “converted” the homes of family members, friends, and co-workers to rental properties to continue their fraudulent exploitation of
    what could become our nation’s largest, disaffected voting bloc!

    I can’t tell you how much it frustrates me to “agree” with a dyed-in-the-wool Socialist!

    I remain hopeful there remains a conservative, honest, Presidential candidate who recognizes both the injustice of the massive fraud, and the numbers of voters who are waiting to reward (with their) votes, the man or woman who promises to prosecute and jail these Alinsky-trained crooks.

  8. http://www.wnd.com/2015/12/alinsky-and-todays-social-justice-scam/

    Neil has helped many of us… maybe the above link will provide an increased perspective of the “big picture ” regarding “The Big Short “.

    Now, I’m beginning to understand the Genesis of the world’s largest financial Ponzi scheme, the “Financial Crisis” of 2008-2009.
    It wasn’t just the greed of the nation’s 50 “Too Big To Fail” (TBTF) banks that caused the biggest theft of homes in American history, it was the complicit concert of a team of “grafters” organized by students of Alinsky.
    It began with the “dry run” of the S&L Crisis of the 1970’s with big-time, elite members of the “Establishment Republicans” who used S&Ls like personal ATMs (See Silverado S&L); continued with this Republican gang persuading insider Democrats to join with them to deep-six the Glass-Stegall Act.. Clinton signed the bill that did it; and the bank mergers began that “tore down the wall of separation” between bankster’s investment activities and their “main street commercial activities.”
    The TBTF “trap” was set… Now the “too good to be true” subprime mortgage contracts were created at the instigation of the Barnes-Frank bill… The US government’s regulatory agencies were effectively captured by the banksters. . The public pension plans investments advisors pushed Mortgage-Backed securities to the plans’ managers…. Those pension plans were told by compromised ratings companies that the “tranches of mortgages” were safe.
    Derivatives were marketed and bought by those who were selling the mortgage-backed securities… these were “bets” against the borrowers.
    When the adjustable rate mortgages that were designed to default began to fail, and millions of homeowner “sheep” were led to the slaughter prepared for them… fast-tracked foreclosures, the judiciary whose judges’ pensions depended on the collateral that backed the mortage financing, rubber-stamped
    the mortgage-servicers’ pre-planned theft of “free homes”… in keeping with Alinsky’s teachings.
    The press refused to investigate or to call upon government prosecutors to indict the criminals behind this financial scandal… Indeed Obama’s AG was a former member of the law firm that drafted the documents enabling this travesty.
    (At least hundreds of bankers were fined and imprisoned after the S&L Crisis. )
    Now the time to order and read the book, “The Big Short” or watch the movie by the same name that debuts this month.

  9. Along these lines we need to work together, let Chase know there crimes must stop Go to the link and get involved.

    “December 1 at 7:09pm •
    THE ONLY WAY TO KNOCK THE GOLIATH DOWN IS TO TAKE THEM ON…..THE GOLIATH REPRESENTS ALL THAT CHOOSE TO OPPRESS AND DESTROY BECAUSE OF GREED AND NARCISSISM.
    I CALL ON ALL COMMUNITY ACTIVISTS OR JUST THE AVERAGE PERSON WHO CARES TO TAKE CONTROL AND HELP TO GET THESE NO GOOD POLITICIANS OUT OF OFFICE. EVERYONE RUN FOR POSITIONS AND SHUT THEM DOWN. THERE ARE ENOUGH OF US TO DO THIS AND RUN THEIR ASSES OUT OF THE COUNTRY. BECAUSE THEIR TYRANNY IS SO TREACHEROUS THAT GITMO IS TOO GOOD FOR THEM.
    TAKE A STAND FOR YOUR FREEDOMS AND YOUR RIGHTS AS HUMAN BEINGS. SCREW EVERYTHING ELSE AND THINK ABOUT THE UNENDING SUFFERING THAT IS A PART OF OUR LIVES BECAUSE WE CHOSE TO ELECT ASSHOLES INTO OFFICE AND/OR ALLOWED THESE RICH ELITISTS TO RUN THE WORLD. WE MUST OBLITERATE THESE GANGS.”

    https://www.facebook.com/events/958229950901132/permalink/965625586828235/

  10. MK this corporate mindset runs deep.We fighting for the truth in our cases are the front lines to turn it around if we don’t let ourselves get distracted by the red/blue side show. Without 9/11 and the excuse for war on terror we wouldn’t have had this corporate takeover. I would just add the all out theft of our land and treasury with derivative explosion from ’04 to now. Sen Dornan warned us in late ’90s when it was $100 tril now at $400 tril +. As he said it’s absurd and common sense so every theory we go back and forth on is a distraction. With us STILL trapped and new, BIGGER bubble it’s up to us to end these traitor criminals.

  11. @Hammertime,

    A select, elitist group has endeavored to enrich themselves while whoring American Patriotism.

    Most Americans have repudiated their birthright and are content to act as if it is ok for foreign nationals to malign our country, our currency and our solidarity.

    “Socialism is BAD”… with a capital “B”… Unless Wall Street uses Socialism to “Bail Out” their private, criminal ponzi schemes.

    Holy *hrist, hangin’ on a cracker, We The People are being manipulated by a select group of elitist FILTH that are simply Traitors; whether Republican or Democrat.

    President Bill Clinton whored himself out to three republican, fascist, “corporatist PIGS” in order to suppress “Glass-Steagall”, in order to rape the American Middle Class…

    Then that PIG Dick Cheney and that PIG George Bush lied US into another war, a la the Tonkin Gulf in order to keep business rolling along as usual.

    We The People need to wake the *uck up.

  12. MK seems I’ve been fighting that blame Obama anybody but banks past month! May finally be sinking in the fraud is right in front and all around us.

  13. A Man judges and anyone that ignores Supreme Court and TILA

  14. It is within the “Sovereignty” of the American People to renounce and repudiate the 100+ years of FRAUD that is the central banking SCAM.

    It is a “TattleTale” the English, Banking, “Original Sin”, criminal PIGS never relinquished control of the British “Pound”, while all else, of Europe, elected to engage in the experiment of the “EURO”.

    ENOUGH ALREADY!

    The central banking PIGS are RIPE FOR ABSOLUTE DESTRUCTION!!!!!

    THE CORPORATIST PIGS HAVE HAD THEIR DAY.

    END THEM YESTERDAY!

    RETURN THE CENTRAL BANK OF THESE, ONCE-UNTIED STATES, AS A PUBLIC UTILITY THAT ENRICHES PUBLIC COFFERS- NOT PRIVATE POCKETS!!!!

    Jesus, Mary and Joseph! What part don’t We The People get? A PRIVATE GROUP OF CRIMINAL PIGS IS ROBBING US THROUGH OUR OWN CURRENCY…

    OH, BUT THAT’S RIGHT, OBAMA IS DOING IT.

    Just listen to a foreign, propaganda machine like FOX NEWS: owned and operated by foreign Nationals; just like your currency system…

    Did you people hit your head????

  15. Soon, we will be the poorest politically correct nation on the planet.

  16. Ian and Greg… We have been exporting inflation out to most other countries since Bretton Woods. Oil dropping to 37 today caused the dollar to fly because it is so expensive to hold oil in dollars.

    All these explosions and terrorist attacks consumed the media for the past 10 days. I hardly noticed the 4 sentence article that the IMF approved the Yuan to be dropped in the reserve basket. it is only behind the Yen and Euro as the most widely held currency, even though it is not dollar pegged.

    No mention of their SDR balance, but during 2016 many governments, including Russia will begin selling dollars, initially to balance their reserves, but the sovereign banks are all moving toward a world currency to conduct global trade, which means printing our next budget will no longer be an option.

    The rest of the globe is using oil to make our exports more expensive already. The Chinese are still paying a premium for resources if the host nation will accept dollars.

    The Fed is definitely moving next week (25 basis points). 2016 is going to be an interesting year.

    Happy Hannukah, Merry Christmas, and happy “door knob day” if you believe that the Jeld Win was the great creator.

  17. If each one of us investigate a Judge we can send a clear message and save our Country

    The Judges are a threat to our Country and I am willing to bet that they are not only doing this with foreclosures

    This is not an accusation but only a transparency test

  18. Investigate a Judge today.

  19. Ian…

    how much longer for the PC documentary version for the nazis?
    really, if what you observed is accurate, if ya can’t blame the 1940’s Japanese government – how can ya blame the 1940’s German government?

    sure, economic pressure is certainly a tool… but it is an “arm-twister” to bring people into discussions, not a mortal attack on lives

    i’m with you… might just as well have been bananas!

  20. Greg-
    24 years ago i was on waikiki beach on dec 6th during a flight layover. I listened to the short intro movie at the Arizona memorial before taking the boat out to the memorial. I was shocked to hear the apologetic tone of the film, to the effect that “you can’t blame the Japanese, as we had cut off their other supply routes”. At that time i believe Japan was the 2nd largest holder of US govt debt securities. Maybe they got the wording more to their liking.
    Later that evening there were an estimated 6000 US veterans and their spouses milling along the sidewalk cafes etc and i struck up a conversation w a few of them and they had also listened to the documentary and they were xxxxxx-off. That was the 50th anniversary for those guys. Remember it well. I believe that the US or its allies had cut off gasoline supplies from
    tunisia. Coulda been bananas. Or coconuts.

  21. While we have all elected here, to enroll ourselves in this most sacred fight for our lives, our families, our land, our states, and our union; against all enemies foreign and domestic; may we all please take a moment to remember those who paid the ultimate price for us, on this day, which changed America and how “we the people” feel toward one another, forever…

    We can do no less, in good conscience, than to continue to protect those essential G-d given rights and freedoms which are memorialized in the founding documents and written on the hearts of every American…

    attacks on our freedoms “by the pen” are no less egregious than those “by the gun”…

    Self-governance is never easy – but to live in tumultuous self-determined freedom is better than to endure a peaceful slavery or indenture!

    Thank you!
    greg

    Never Forget – A day which will live in infamy

    Pearl Harbor Day ceremonies to mark attack
    http://www.cnn.com/2015/12/07/travel/pearl-harbor-day-uss-arizona-memorial-feat/

    7 Facts You Didn’t Know About Pearl Harbor
    Seventy-four years ago today, America was changed forever.
    by Landess Kearns – Associate Editor, HuffPost Hawaii
    [http://www.huffingtonpost.com/entry/pearl-harbor-anniversary-facts_5661ce33e4b079b2818e67b0]

  22. Good stuff! Lots of issues in this article.

  23. I find the following site helpful:

    http://www.theburningplatform.com/tag/mortgage-fraud/

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