WHEN THE NOTE SHOWS UP: ELEMENTARY, WATSON

FROM T BROWN:

To all, I don’t see why we are getting mad at each other , we need solutions. I’m fighting just like everyone else is; but everybody i tell my story too, tells me I’m ahead of the “game”. I have the original NOTE signed in blank in my hands. I’m not the bank the original NOTE has not helped me one bit, and no one not even Neil has made a suggestion as to what I do next. The NOTE is all powererful in the hands of the bank , but when it is in the hands of a “layman” it is worthless and before anyone asks I’m in South Carolina.

FROM THE EDITOR: Actually I CAN tell you what to do when the note shows up.

• First of all don’t assume it IS the note even if it appears to match the copy you have. When they come up with the “note” there is a high probability that technology (fabrication and forgery) was involved. Personally I was sitting on the witness stand as an expert witness when the opposing attorney handed me the “original note.” He said “I am handing you the original note.” And then he asked “You are holding the original note in your hands, isn’t that correct?” And I said I don’t know since I am not familiar with the signatures and I have not inspected the note. And he asked if I would concede that if the signatures were in fact those of the borrower, that this was the original note. Now I was a litigator for 30 years and I teach other lawyers how to litigate these issues. You have to think things through. Why would the lawyer ask a perfect stranger if this was the original note. Answer because he has nobody else to testify that it it is the original note. Why not? So he was looking to get the paper into evidence by an admission from the borrower’s expert that the note was the original when it was being presented (and had never been shown before that morning) for the first time. Something smelled fishy. “Wait a minute,” I said, “I need to inspect this.” After a few minute of looking carefully at the note I said “I am an opinion witness, and in my opinion this is not the original note. It is a printed fabrication using a color printer. The signatures appear deep and dark and yet the there is no impression on the back of the paper. In my opinion, based upon the facts of this case and the repeated attempts to get the original note, I believe this was literally printed this morning.” “No further questions,” he replied.
• As for the note being signed in BLANK, this is a common. And if you can prove that it was blank when you signed it, you can challenge its admission into evidence simply because the terms of the obligation were not on it when you signed it. The argument is idiot-proof: the note can’t be evidence of the obligation (which normally the note is used for) because the terms of the obligation were not on the note. If they want to prove the obligation, they must find another way — like with witnesses who will actually say that the would-be forecloser (pretender lender) has lent money to the borrower (not true) or that the pretender lender has paid the party who appears on the closing documents and therefore is a real party in interest with standing to make a claim (also not true). They never can get a live witness to say that because it would be perjury. They ALWAYS use affidavits that are worded carefully to avoid the charge of perjury but which give the impression that the affidavit it attesting to facts when it is in fact doing no such thing and the person signing has no knowledge of the transaction independent of what is on the affidavit which was prepared by the lawyer and possibly never read by the person who signed it.
• As for the real original note appearing in court, THAT doesn’t end the inquiry. How did they come into possession of the note. Where did it come from? Mere possession of the note doesn’t give any more rights that non-possession. If you give a note to a courier to give to someone else, does that mean the courier can stop off at the courthouse and sue you? And if the note reaches the recipient, why was it being sent? was it being sent for safe-keeping or an an incident to a monetary transaction in which the recipient was the the intended assignee or indorsee of the note? These are the right questions and if pressed you’ll probably get the answers you were looking for.

FROM MIKE HANSEN

Color photocopies are frequent and easy to identify.
Besides having no ridges on the reverse of the signature page, the “magic marker” test will show if
there is any ink present.
A yellow magic marker contains a solvent which
will smear the blue ink. A color photocopy will not
smudge. Try the experiment yourself and do it in
front of the judge. Then try it with a small sample of
the signature on the Note. If it smears, its real, if not
its a counterfeit color photocopy.

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