FAMILIARITY IS BREEDING CONTEMPT IN THE COURTS

Posted on by depatridge

Livinglies's Weblog

Business Records Exception On Shaky Ground: The main point is foundation: the affidavit or testimony by the robo-witness must show that the company he works for is in fact the servicer of the loan, as authorized by the owner of the debt, and that he/she has actual knowledge of the procedures and posting policies of the servicer and the owner of the debt. I would add that this “corporate representative” must show that he/she and the “servicer” is authorized to speak for, and thus appear for the foreclosing party.

see http://www.newyorklawjournal.com/home/id=1202770275522/Casting-Doubt-on-Validity-of-Servicer-Affidavits-in-Foreclosure-Litigation?mcode=1202615326010&curindex=0&slreturn=20160925141040

Hearsay is always excluded from evidence — at least when it is ruled as hearsay. A document is hearsay in nearly all instances and thus may not be introduced into evidence — unless it satisfies the elements of a exception to the hearsay rule of exclusion.

In foreclosures the main hearsay event arises from the fact that no creditor…

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20 Questions with Deborah Jay

Posted on by depatridge

Interesting and informative.

Author Don Massenzio

Today, we have the pleasure of sitting down with UK author Deborah Jay. Deborah is going to tell us a bit about her writing process, her inspiration and will share some of her work with us.

Please enjoy this edition of 20 Questions:

rsz_resized_photoQ1) When did you first realize you wanted to be a writer?

Probably back when I was about nine, when I started teaching myself to type by copying pages from books. I also began writing my first novel at that age – a children’s book titled ‘Samantha, the Adventurous Poodle’ (why, I don’t know, it just came to me), which only got as far as three chapters when I realised I didn’t have a plot.

After that, I tried a few variations – a comic book (The Adventures of Galloper) with self-drawn pictures, though I freely admit I’m no artist, and then a serial, written longhand as…

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When CIA & NSA Workers Blow the Whistle, Congress Plays Deaf

Posted on by depatridge

Covert Geopolitics

Do the committees that oversee the vast U.S. spying apparatus take intelligence community whistleblowers seriously? Do they earnestly investigate reports of waste, fraud, abuse, professional negligence, or crimes against the Constitution reported by employees or contractors working for agencies like the CIA or NSA? For the last 20 years, the answer has been a resounding “no.”

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