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I think that I need to clarify my question. As of today and the trial is tomorrow the plaintiff has not established that they have ever had possession of the Note. Only a copy of the mortgage which is a matter of the clerk of the court record was submitted. No copy of the Note was filed. During the deposition the plaintiff’s representative show us for the first time an allonge but it was not attached to the Note and he had no idea where it came from. The assignment on the allonge was dated one day after the filing of the compliant. The plaintiff was basing information that only dated back from Jan 2008 and the Note is from June 2005. They don’t have information prior to Jan 2008 and if they have they have not produced it as of today. The allonge is not notarized or the assignment was never filed with the clerk of the court. So the question is assuming that they cannot prove under the Statute lost Note is there any other way they can prove that they have standings.
My attorney told me that Palm Beach judges are known for not following the law! He says that he has plenty of case law and the deposition to use against them. What annoys me the most is that by case law I should be given a dismal of the case. Now I am not trying to get out of the Note but I know that the Note was sold to Residential Funding Corp as I sign the Note and they are now part of the NY bankruptcy case. The Note was sold and at this point and the investor could have received compensation from TARP but we will never know because they have refused to give us the information in Discovery. We are presenting the defense in preparation to Appeal the case. So as I understand from you as well that if they can’t show possession prior to filing the case than they are dumb out of luck unless the trial judge doesn’t care and rules against me because he feels that I’m getting something for nothing and ignores the potential that they are getting paid twice for the same Note.
He didn’t file to dismiss, he filed affirmative defense, interrogatories and questions that were pretty much all denied by the plaintiff’s response. And yes he got their summary judgment dismissed. So in response to my question if they can’t prove that they were in possession of the Note before filing the complaint tomorrow in court, than there is no other way that they can come up with any other way to show they have standings. Which means it should be dismissed and if they should have won they will have to re-file with the proper documents, which would seem to me to be very difficult at this point since they have not already have done that. Correct?
I won but have another question dealing with SOL.
I have been denied to respond.
Maybe it's to long because it did it again. I'll break it up
I will sign up for the free trial and maybe that will work
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