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. […]

Tags: § 673.1041(1), evidence, HELOC, negotiable instrument, note, self-authenticating, TRUTH, UCC
Posted in Corruption, discovery, evidence, Fabrication of documents, legal standing, Pleading, Servicer |

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 […]

Tags: hearsay, note, pooled mortgages, PSA, REMIC TRUST, self-authenticating
Posted in Uncategorized |