Friday, September 24, 2010

Improper GMAC Affidavits Leading to Charges of Document Fabrication to Change Title � naked capitalism

NOTE: THIS ARTICLE HAS SO MUCH CRITICAL INFORMATION = do not miss the entire article. The explain critical things such as the allonge, the securities, party of true interest and even mention the UCC code.


Improper GMAC Affidavits Leading to Charges of Document Fabrication to Change Title � naked capitalism:
"In fact, an affidavit is a statement of someone with personal knowledge of a matter. Stephan signed as many as 10,000 documents a month and clearly could not have personal knowledge of the underlying situations. Deliberately preparing and submitting inaccurate documents in a legal proceeding is a fraud on the court, something most judges really really do not like.

Predictably, lawyers who are contesting foreclosures are jumping on the affidavit issue and using it to open up broader issues with foreclosures where GMAC was the servicer of the loan. For instance, this letter to a judge in South Carolina, a judicial foreclosure state, discusses not only the role of an apparent fellow robot signor of Stephan, one Jack Kerr, but more critically, another document provided in this case stamped (not signed) by one Judy Faber, also of GMAC. The Faber document transferred title to the party foreclosing in the case, so if the document is invalid, the plaintiff, in this case a Deutsche Bank trust, will lack standing to foreclose (legalese for “no tickie, no laundry”). Here is the critical section"

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