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	Comments on: Foreclosure Tales from The Interwebz: Forged, Fabricated, Altered Documents	</title>
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	<link>https://4closurefraud.org/2016/06/19/foreclosure-tales-from-the-interwebz-forged-fabricated-altered-documents/</link>
	<description>- Fighting Foreclosure Fraud BY SHARING THE KNOWLEDGE</description>
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		<title>
		By: Randall Stephens		</title>
		<link>https://4closurefraud.org/2016/06/19/foreclosure-tales-from-the-interwebz-forged-fabricated-altered-documents/#comment-659416</link>

		<dc:creator><![CDATA[Randall Stephens]]></dc:creator>
		<pubDate>Sun, 19 Jun 2016 22:35:44 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=64207#comment-659416</guid>

					<description><![CDATA[It has long been accepted that an attorney can&#039;t be both advocate, and witness.  It was stated more than 100 years ago, in Wigmore on Evidence, Third Addition, Vol. VI, section 1911, page 606, &quot;There is then in general no rule, but only an urgent judicial reprobation, forbidding counsel or an attorney to testify in favor of his client.&quot;

More recently the New York Lawyer&#039;s Code of Professional Responsibility, at DR 5-102, has prohibited an attorney from acting as both advocate, and witness (except in very limited circumstances also expressed in DR 5-102).  

https://www.nysba.org/WorkArea/DownloadAsset.aspx?id=26638

The attorney in this case likely CAN&#039;T authenticate these documents.  Does the attorney have personal knowledge?  Almost assuredly the answer is &quot;No.&quot;  Because affidavits are to be made on personal knowledge the attorney&#039;s attempt to authenticate the documents likely fails.  

Here is a simple test question, &quot;How do you know those documents are authentic?&quot;  If the answer is anything like &quot;Someone told me they are&quot; then that knowledge is merely hearsay.  

Check your rules of evidence.  Maybe you can have the documents deemed inadmissible due to lack of authentication.]]></description>
			<content:encoded><![CDATA[<p>It has long been accepted that an attorney can&#8217;t be both advocate, and witness.  It was stated more than 100 years ago, in Wigmore on Evidence, Third Addition, Vol. VI, section 1911, page 606, &#8220;There is then in general no rule, but only an urgent judicial reprobation, forbidding counsel or an attorney to testify in favor of his client.&#8221;</p>
<p>More recently the New York Lawyer&#8217;s Code of Professional Responsibility, at DR 5-102, has prohibited an attorney from acting as both advocate, and witness (except in very limited circumstances also expressed in DR 5-102).  </p>
<p><a href="https://www.nysba.org/WorkArea/DownloadAsset.aspx?id=26638" rel="nofollow ugc">https://www.nysba.org/WorkArea/DownloadAsset.aspx?id=26638</a></p>
<p>The attorney in this case likely CAN&#8217;T authenticate these documents.  Does the attorney have personal knowledge?  Almost assuredly the answer is &#8220;No.&#8221;  Because affidavits are to be made on personal knowledge the attorney&#8217;s attempt to authenticate the documents likely fails.  </p>
<p>Here is a simple test question, &#8220;How do you know those documents are authentic?&#8221;  If the answer is anything like &#8220;Someone told me they are&#8221; then that knowledge is merely hearsay.  </p>
<p>Check your rules of evidence.  Maybe you can have the documents deemed inadmissible due to lack of authentication.</p>
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		<title>
		By: mike Drouin		</title>
		<link>https://4closurefraud.org/2016/06/19/foreclosure-tales-from-the-interwebz-forged-fabricated-altered-documents/#comment-659406</link>

		<dc:creator><![CDATA[mike Drouin]]></dc:creator>
		<pubDate>Sun, 19 Jun 2016 16:50:28 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=64207#comment-659406</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://4closurefraud.org/2016/06/19/foreclosure-tales-from-the-interwebz-forged-fabricated-altered-documents/#comment-659405&quot;&gt;mike Drouin&lt;/a&gt;.

Why do you think they are fabricating documents ??? to hide the BIG LIE that the Mortgage is a sham !!! It&#039;s an illusion of ownership !!!]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://4closurefraud.org/2016/06/19/foreclosure-tales-from-the-interwebz-forged-fabricated-altered-documents/#comment-659405">mike Drouin</a>.</p>
<p>Why do you think they are fabricating documents ??? to hide the BIG LIE that the Mortgage is a sham !!! It&#8217;s an illusion of ownership !!!</p>
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		<title>
		By: mike Drouin		</title>
		<link>https://4closurefraud.org/2016/06/19/foreclosure-tales-from-the-interwebz-forged-fabricated-altered-documents/#comment-659405</link>

		<dc:creator><![CDATA[mike Drouin]]></dc:creator>
		<pubDate>Sun, 19 Jun 2016 16:34:20 +0000</pubDate>
		<guid isPermaLink="false">https://4closurefraud.org/?p=64207#comment-659405</guid>

					<description><![CDATA[That is awesome that you are catching them in the fabrication of false documents and you have a foothold in the Court , BUT , you have to rewind the argument back to its origination . The alleged lender that you made all the paperwork with that states you have an obligation of payment to ( promissory note ) was a STRW MAN LENDER !!!! They didn&#039;t lend you a dime!!! There was an investment Bank involved that put forth the money they got from Investors , THE SECRET LIEN HOLDER . That constitutes FRAUD IN THE INDUCEMENT . Also , They created a securities contract instead of a Mortgage without your knowledge and permission , that&#039;s FRAUD IN THE FACTUM and gives you the right to rescind the bogus Mortgage contract !!! It was never a mortgage !!!! there was never consummation of a Mortgage contract Cancel the Mortgage contract under the TRUTH IN LENDING ACT ( TILA) They broke Federal , State , and Contract Law !!!!]]></description>
			<content:encoded><![CDATA[<p>That is awesome that you are catching them in the fabrication of false documents and you have a foothold in the Court , BUT , you have to rewind the argument back to its origination . The alleged lender that you made all the paperwork with that states you have an obligation of payment to ( promissory note ) was a STRW MAN LENDER !!!! They didn&#8217;t lend you a dime!!! There was an investment Bank involved that put forth the money they got from Investors , THE SECRET LIEN HOLDER . That constitutes FRAUD IN THE INDUCEMENT . Also , They created a securities contract instead of a Mortgage without your knowledge and permission , that&#8217;s FRAUD IN THE FACTUM and gives you the right to rescind the bogus Mortgage contract !!! It was never a mortgage !!!! there was never consummation of a Mortgage contract Cancel the Mortgage contract under the TRUTH IN LENDING ACT ( TILA) They broke Federal , State , and Contract Law !!!!</p>
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