A highly respected and experienced COURT APPROVED forensic document examiner (after examining the file in court) confirmed in an affidavit that the "Original Note" (filed three and a half years after issuance of summons) has an endorsement, hand stamped without a written signature by a VP of a bank that was closed by the Office of Thrift Supervision, subsequently incorporated into the Office of the Controller of the Currency (eight months prior to issuance of summons), and differed in other respects to a copy of the first appearance of "THE ENDORSED NOTE", filed when the original plaintiff sold out to a second bank (two and a half years after issuance of summons). Could this be a case that fraudulent documents were filed in court, and also a serious case of Fraud on the Court?
Without seeing the notes an attorney cannot give you a definitive answer by posting on a message board. You should hire a mortgage foreclosure defense attorney to ensure that any possible defenses you have, including fraud on the court, are addressed.
This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.
Could be, but I can't tell that from what you have written. In order to foreclose, the plaintiff is going to have to show that it (or the original plaintiff) held the valid not at the time the complaint was filed. That might be an issue. It sounds like they have the beneficial interest in the note now, but did they when the case was filed? I hope you have an attorney on the case.