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Attorney Charles Marshall and Investigator Bill Paatalo will examine the indorsement of notes in non-judicial foreclosures. Judges are increasingly discounting fraudulent endorsement that appear out of nowhere, seemingly to “perfect” the right to foreclose.
Judgments are often based on erroneous conclusions especially when the Bank fails to prove the chain of title back to the original lender, who is often defunct. If the entity that endorsed the note didn’t exist when the note was indorsed- it is void.
Investigator Bill Paatalo will discuss Deutsche Bank Nat’l Trust Co. v. Burke, 117 F. Supp. 3d 953 , a 2015 Texas case where the judge refuses to allow Duetche one more chance, ruling “the banks request for a do-over is denied.”
AND PROCEDURE § 2808 (2012)).
into evidence the Burke note indorsed in blank by the original lender (IndyMac Bank), thereby establishing its right to foreclose as holder of the Note. This claim is baseless, because, as the trial transcript made clear, the only version of the Note successfully introduced by Deutsche Bank at trial contained no indorsement of any kind. Like so many other cases, it is probable that Deutsche Bank’s attorneys would have simply forged an endorsement on the note and claimed they accidentally filed the wrong version of the note due to a clerical error. Most judges would have probably allowed Deutsche another go.
the time for such a deus ex machina maneuver has long since passed. The Burkes are entitled to the finality of judgment that our judicial process is intended to provide. The bank’s request for a do-over is denied.” Shout out to Houston Magistrate Stephen William Smith for applying the law.
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