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self-authenticating

Fla 2d DCA: HELOC Instrument Not Self-Authenticating Article 3 Note

4 Comments / burden of pleading, BURDEN OF PROOF, CASES, Corruption, discovery, Discovery -Subpoena, evidence, Fabrication of documents, foreclosure, hearsay, legal standing, originator, Pleading, Servicer / By

Just because an instrument is not self-authenticating doesn’t mean it can’t be authenticated. Here the Plaintiff could not authenticate the note without the legal presumption of self-authentication and all the legal presumptions that follow.  And that is the point here. They came to court without evidence and in this case the court turned them away. …

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STANDING: Fla. 4th DCA Rules PSA Hearsay and Therefore Not Admissible — Case Dismissed

6 Comments / foreclosure / By

The Pooling and Servicing Agreement MIGHT be self-authenticating under F.S. 90.902 but still inadmissible as hearsay. Thus the PSA is NOT a substitute for evidence of an actual transfer of the loan to a purported REMIC trust. PLUS: PRESUMPTION OF STANDING DOES NOT APPLY IF THE NOTE AT TRIAL IS DIFFERENT FROM THE NOTE ATTACHED …

STANDING: Fla. 4th DCA Rules PSA Hearsay and Therefore Not Admissible — Case Dismissed Read More »

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