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. 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.

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. 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..

Tags: judicial notice, resecuritization, sec.gov
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