Depositions of Homeowners by Banks can make your case STRONGER!!!

NEWS DESK ARTICLE FROM FEB, 2015

from Steve Nelson, J.D., Executive Director

 

If you get into a lawsuit and your deposition is noticed, have your

list of objections and careful responses ready to prevent torpedoing

your case!!! 

We can assist you with this task. Call us today at

818.453.3585 for litigation support.

 

You have a right under virtually all Evidence Codes

in every state NOT to ADMIT to various “uncertain,

unclear, ambiguous, confusing questions” as they can be

used against you. Read our article which we found from

learned trial counsel recently. 

 

“In a typical deposition [pre trial question and answer proceeding,

 the “borrower” is asked by

the lawyer for the “lender” whether THAT is his or her

signature on the note and the deed of trust or mortgage. The initial

response may be “yes.” But, not so fast.  Was the question based on you being shown

the wet ink original or merely a copy??? And did counsel for the bank show you the entire document? 

By admitting the signature is yours on a COPY, you likely have

validated the note (and mortgage) and that you signed it

and that the foreclosing party has it in their possession when

in truth none of these assumptions are correct! The Original if presented, 

may also be attacked if you know how.  

My question to you is whether you have answered truthfully. Ask

yourself the following:  “Do you really remember what you signed, what was written

on the documents and exactly how you signed each document?”

In most cases it is years before and you won’t recall.

Usually, the homeowner answers “yes”

because he or she knows they went to a closing and signed a

bunch of papers. This is especially true if you never got a copy

of the documents and compared them with the originals the

notary took with them.”

Solution? For most people, the true answer is “I don’t know.”

Or possibly “I don’t remember.” Unless you are positive that

the document is the same note or mortgage you were shown at closing —

not a copy of it made to look “like” an original. 

If you have no recall about exactly what was signed

at the alleged “closing” you should not pretend otherwise.

Unless you have had an expert forensic document examiner authenticate

the “original” documentation relied upon by the bank,

then you probably don’t actually know if you put your signature on

the page instead of a robot. Signatures can be attacked in a myriad of ways.

The fact that you know you signed

something  doesn’t mean THAT document is real. The fact

that the robot [or outright forger] did a good job doesn’t

mean it is your signature… .”

         Steve adds:

Most bank attorneys only have copies of docs at depos and most counsel actually

don’t have the wet ink – ORIGINAL Note. And at depositions, no one

has authenticated the integrity of the ORIGINAL Note.

 If not, the entire document must

be objected to and attacked as “not genuine or authenticated by anyone.”

With forgeries, photo shop document tampering,

and other means of providing “look alike” copies, the original is the only way to

eliminate any suspicion of a fake being shown to the deponent, YOU.

The problem is very critical if the Note was securitized to another entity that is a TRUST. 

 

So, when your depo is scheduled, call us at Consumer Rights Defenders and let our legal

team assist you in protecting against giving a  deposition answer that is based on

misidentity of a document as an “original.” This is particularly important if a

trust or their loan servicer or trustee is foreclosing as a plaintiff or you sue them

as a defendant. USE YOUR ARSENAL OF RIGHTS at all stages of foreclosure proceedings.

Call Steve or Sara today for support if your matter is in or likely to be in litigation.

818.453.3585

 

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