Judicial Notice: Banks File Self-Serving Documents on Agency or Other Sites and Then Ask the Court to Take Judicial Notice.

The banks file incomplete, unsigned and often fabricated documents on websites where they can get away with it. http://www.sec.gov is one of those places. I suggest aggressive objection to taking judicial notice of any document on sec.gov because it was not generated by the agency.

The fact that someone filed it doesn’t mean that the filing was authentic and certainly doesn’t mean that anything about that filing is probative evidence that the facts as represented by the banks are true.

Get a consult! 202-838-6345

https://www.vcita.com/v/lendinglies to schedule CONSULT, leave message or make payments.
 
THIS ARTICLE IS NOT A LEGAL OPINION UPON WHICH YOU CAN RELY IN ANY INDIVIDUAL CASE. HIRE A LAWYER.
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Be aware of the following:

  1. Reporting information does not make it true. A clever thing the banks do is file online with some agency that doesn’t care what they file and then ask for judicial notice or get a presumption from the judge that the information must be true if it is filed somewhere on the internet. Even sec.gov doesn’t monitor what is on their site except if they are investigating something. Such “reporting” is a ploy.
  2. The distribution report is usually under 15(d) which basically means it is probably the last filing ever. Often it is not filed with an agency but rather on some obscure website that looks official.
  3. If that is true, then the Trust has been closed out and “re-securitized” which at best would mean that it was securitized for the first time, still without any real ownership of the loans.
  4. But re-securitization might enable the new Trust to claim the status of holder in due course IF the new Trust paid the old Trust (or anyone else) money for loans that included your loans.
  5. If no purchase payment is made it simply adds to the pile of fabricated documents giving the impression that there are a lot of people who are depending upon these transactions, and who have paid money based on the premise that there were transactions and that the paper was good. That impression, often an assumption or even a misapplied legal presumption is almost never true.
  6. The banks file incomplete, unsigned and often fabricated documents on websites where they can get away with it. http://www.sec.gov is one of those places. I suggest aggressive objection to taking judicial notice of any document on sec.gov because it was not generated by the agency.The fact that someone filed it doesn’t mean that the filing was authentic and certainly doesn’t mean that anything about that filing is probative evidence that the facts as represented by the banks are true. Who filed it? With what authority? Based upon what knowledge of facts? What are the standards for filing on the website?
  7. The fact that “Trust” documents appear on a website does not mean the trust actually exists or is doing business — unless formed under statutory law where the entity is registered with the secretary of state of whatever is the state of incorporation or creation of whatever entity is in play..

11 Responses

  1. Can anyone name a Florida attorney that would be willing to file an “Attorneys Title Opinion” in Orange County Florida taking notice of the findings of a Federal District court case (California) where my “loan” was discovered to be originated and funded by a party that is not documented on the note. This finding of fact upends all the false assignments that currently show the named (false) lender as the beginning of the chain.

    I understand normal fee for a title opinion is usually a $350-$500 item … The California case where the facts came out resulted in a $650M judgement against Bank of America,, A single entity is the holder of all the remaining notes in my “trust” ,, and they know they do not have the rights they are claiming… I am looking to save myself right now … but this could be a $B class action pretty easily.

    Please just reply here and leave your contact info .. I will get with you immediately.

    Thanks a million…

  2. Reblogged this on California Freelance Paralegal and commented:
    The big banks file these documents and ask the court to take judicial notice because they are hoping that either the judge does not know or does not care the limits of judicial notice in that state, or they are hoping that the homeowner does not dispute the authenticity of the documents.

  3. In the State of California even though the court can take judicial notice of the existence of certain documents that are recorded or filed with a government agency they cannot take judicial notice of the truth of the documents if a party disputes that what is contained in the documents is true. However the law in every state is different and everyone should research the law in their state relating to judicial notice.

  4. After a 6 year battle all the way up to appeals-who never looked at our briefs-we get a per curiam asswhipping. So let’s get this straight-a made up trust which doesn’t exist can steal our property in Courts of “injustice” in the good ole state of florida. The mortgage they sued upon does not emcumber our property. NO LEGAL DESCRIPTION. Home123(New Century (went out of business two months after the predatory table funded loan. Some other entity uploaded the mortgage in our land records with zero legal dexcription!!! I had a chain of title researched and there is NO Mortgage but there is a lis pendans judgment which “corrected the mortgage due to a scriveners error” but still there is an absence of a mortgage to sue upon. We are packing but we are staying because i sincerely hoping they will never ask for a Writ of possession since we have such a shanty of a house….however we LOVE our lil home for 22 years. So we will stay till the bitter end. I will ask for a written memorandum for the supreme court which the 5DCA will deny. At which we will have to bypass Dick Scotts Supreme Court and continue to US Supreme Court. What do we have to lose at this point, right!!???!!!

  5. The banks file incomplete, unsigned and often fabricated documents on websites where they can get away with it. http://www.sec.gov is one of those places. I suggest aggressive objection to taking judicial notice of any document on sec.gov because it was not generated by the agency.The fact that someone filed it doesn’t mean that the filing was authentic and certainly doesn’t mean that anything about that filing is probative evidence that the facts as represented by the banks are true. Who filed it? With what authority? Based upon what knowledge of facts? What are the standards for filing on the website?

    An employee of the SEC wrote to us stating that when banks make filings on their trusts they may not include all the properties in the trusts for privacy reasons. WHAT PRIVACY REASONS when they are suppose to record assignments in the land evidence office ! They don’t mention in full disclosure with lame excuse possibly to commit outright fraud so that the SEC cannot act on a complaint filed by a homeowner. This is where the FBI must investigate and go through emails of the banks.

  6. Please email us at info@lendinglies.com You still have time to take action to stop the foreclosure, but you must take the appropriate steps now.

  7. I know of two people that executed, and filed, what they believed to be “corrective” documents, Barbara Bratton, and Howard Graber.

    They are probably the best sources of information in regard to filing satisfactions of mortgage.

  8. Maybe we should all file satisfaction of mortgage docs. Does it work both ways ….. I’m sure not!!!

  9. Question – if a servicer claims your mortgage is in a trust, is the trust required to be registered at the SEC? Or anywhere? Thank you

  10. Is there a way to search sec.gov to see if they are trying to pull another fast one on me? I have a securitization report showing clouded title but knowing what I know now, that’s no guarantee to a court that there’s been any wrong doing. I have been fighting since I purchased in 2007 and they finally won. I have an auction sale date of 2/3/17 but I’m not giving up yet. I need solid proof of something I can nail them with. I live in WA State which is non-judicial. I knew nothing about title insurance and when I found out I had it, I called the title co. to provide me a copy of the policy, which I got but I don’t understand it and they are avoiding me in the call back. What would that mean? I can’t loose my home and worst if all I can’t let them win. I’m trying to short sale to bide some time but that’s not acceptable either. Not sure what to do.

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