Court Affidavit by Credit Card Rep a Fraud ?

[OHBOY]

I presently have 2 lawsuits going...
Went to the courthouse yesterday to look up what the 'Affidavit' was all about that I noticed as posted online on the courtrecords. Found out that it was 'one of those affidavits that the attorney for the plaintiff requested from the credit card (citi). It entails one their 'reps' attesting that they have knowledge of my account...blah, blah, ...basically amounts to a debt validation...

The whole Affidavit is Notarized.....

Ok, while at courthouse, I also looked through some other cases, and stumbled across another 'Affidavit' from a year ago, also from 'Citi' (with same attorney representing plaintiff), and also signed by same Citi rep and same Notary Public.

NOW HERE IS WHAT I FIND INTERESTING (!): While I am no handwriting expert, it appears VERY obvious that the signatures on the two Affidavits DO NOT MATCH !
THEY DO NOT MATCH FOR THE CITI REP nor FOR THE NOTARY PUBLIC......

I have read about 'Robo' signatures...however this does not appear to envolve that as the signatures are not the same...

Now what ? Pay for a handwriting expert ? ...kinda futile when broke.... B-U-T, I sure would somhow put this into the courtrecords...How to proceed ?

[catleg]

You would need to attack the affidavit as hearsay and probably try to conduct a deposition of the "witness" and find out how many thousands of these he/she is responsible for. In NJ they put in a loophole in the court rules for business records, so such a defense is "pre-defeated". As I've said before the presumption is that original creditor lawsuits are correct, you only have leverage against JDB's who usually don't have paperwork.

[tobee43]

ohboy...have you, or are you going to file bk???

if the answer is yes, you can have those judgments vacated after the discharge of your bk. the atty's office may be using a proxy...it's hard to tell to sign those affidavits. i would check with the court and simply ask them if a signature by proxy is acceptable as law in your state???

best of luck!!

[OHBOY]

ohboy...have you, or are you going to file bk???

if the answer is yes, you can have those judgments vacated after the discharge of your bk. the atty's office may be using a proxy...it's hard to tell to sign those affidavits. i would check with the court and simply ask them if a signature by proxy is acceptable as law in your state???

best of luck!!

__________________________________________________ __________________________________________________ ___

tobee43: I would think that a 'signature by proxy' on a notarized affidavit would not be acceptable as the person making the statement would have to be personally in front of notary in order for notary public to witness the signature....?

[tobee43]

__________________________________________________ __________________________________________________ ___

tobee43: I would think that a 'signature by proxy' on a notarized affidavit would not be acceptable as the person making the statement would have to be personally in front of notary in order for notary public to witness the signature....?

one would think so. but it will all depend who that notary is. if that notary was sitting in the next cubie???? when then who knows; right? scary stuff.

[justbroke]

one would think so. but it will all depend who that notary is. if that notary was sitting in the next cubie???? when then who knows; right? scary stuff.

In Florida, some of the notorious foreclosure mills "shared" a notary stamp amongst robo-signers in the office! That is just plain wrong and quite illegal.

[IamOld]

right justbroke, but for US - ordinary mortals - it's illegal, but not for the banksters and their stooges...it would seem.

[frogger]

right justbroke, but for US - ordinary mortals - it's illegal, but not for the banksters and their stooges...it would seem.

Illegal? hahahahahahaha..............

What does that have to do with anything these days?

It's all rigged, and the citizens of America are the victims.

[IamOld]

Exactly!!!!

[tobee43]

In Florida, some of the notorious foreclosure mills "shared" a notary stamp amongst robo-signers in the office! That is just plain wrong and quite illegal.

nice isn't it?? and what happened to them? absolutely nothing. unreal, a "shared" notary stamp. just pass the stamp over here!

[justbroke]

nice isn't it?? and what happened to them? absolutely nothing. unreal, a "shared" notary stamp. just pass the stamp over here!

I believe that the actual Robo-signers received immunity and the State Attorney General is about to settle with a few more foreclosure mills. They just settled with one of them back in April 2011 (Marshall Watson law firm). It's really incredible what was happening to "expedite" foreclosures Additionally, the specialized foreclosure circuit in the 4th District (I think that's Hillsborough (Tampa), Pinellas (St. Petersburg), and several other surrounding counties, has closed a few weeks ago due to lack of funds (they are over budget). (I think they closed them due to the fact that an election cycle is coming and plenty of voters and people aren't going to get re-elected... but that's another story for another forum.)

I feel so sorry for the poor lenders who can't foreclose without producing any shred of evidence that they own the note. They now have to go back to Civil Circuit where it is more difficult and takes WAY MORE TIME.

[tobee43]

I believe that the actual Robo-signers received immunity and the State Attorney General is about to settle with a few more foreclosure mills. They just settled with one of them back in April 2011 (Marshall Watson law firm). It's really incredible what was happening to "expedite" foreclosures Additionally, the specialized foreclosure circuit in the 4th District (I think that's Hillsborough (Tampa), Pinellas (St. Petersburg), and several other surrounding counties, has closed a few weeks ago due to lack of funds (they are over budget). (I think they closed them due to the fact that an election cycle is coming and plenty of voters and people aren't going to get re-elected... but that's another story for another forum.)

I feel so sorry for the poor lenders who can't foreclose without producing any shred of evidence that they own the note. They now have to go back to Civil Circuit where it is more difficult and takes WAY MORE TIME.

that interesting, and i do not likely believe limited to the state of florida alone.

we do personally, believe we are also experiencing that same situation with our nj property, as it was refinanced right in the middle of the robo signing mess. i also believe that is why there has been a delay in the our personal foreclosure. our bank, chase, is also between a rock and hard place, as they must foreclose prior to being able to collect from the fha on the pmi. (that is according to the fha as they have a stringent process the bank must follow to collect on their claim).

it certainly would be easier in cases such as ours, to simply sign a deed in lieu, however, if there are document issues, i can now have a better understanding why these foreclosures have been halted.