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
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… .”
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.