Only a Forensic Examiner can determine the Validity of an “Original” Note

Message of the day to homeowners and their lawyers: “stop admitting things that you assume are true. By admitting those facts you are hanging your client or yourself. Even the client is apt to say “Yes that is my signature on the note” when it has been described by opposing counsel as the original.   In most cases the document might look like an original but it isn’t.
The proper response is “From what I have learned from expert analysis, I doubt it. I do not remember the appearance of the original note. I don’t know if what you are handing to me is the original and therefore I don’t know if that is my actual signature or if it is a reproduction of my signature using mechanical devices to recreate my signature.”
The attorney or the homeowner is not a forensic document expert. 
So if the homeowner is asked if that looks like his signature the proper answer would be “I’m not an expert who could tell you if that signature is my original signature. I don’t know. My signature has changed over time. I don’t know if that is similar to the signature I used as of the date of the document.” Notice- you don’t say “On the date it was signed” because you are admitting that it was signed and thus tacitly admitting that the instrument (note, mortgage) was signed on the date shown on the instrument thus making it the original.
In an era where the custom and practice was to lose or destroy most of the original notes, it is highly unlikely in any foreclosure action that what is presented as “evidence” is anything more than a well-crafted fabrication. A document examiner can take it a step further with testimony that the document appears to be a fabrication and the signature does not conform to known examples of the homeowner’s signature even though there are similarities to the naked eye.
A forensic document examiner can potentially help point the lawyer or homeowner in the right direction since they use magnification equipment and analytic software to detect jpeg stretching, noise and other scientific methods to detect fraud.   What we can do is tell you if we observed any visual irregularities that should be followed up by a forensic document examiner. On the scale of credibility from 1-9 that is used by examiners, they almost always find that the document scores an 8 or 9, meaning that the document and the signature are fabricated and forged.
An examiner that comes highly recommended to us is James Kelley at Mortgage Fraud Examiners.

12 Responses

  1. “in any foreclosure action that what is presented as “evidence” is anything more than a well-crafted fabrication.”

    A forensic examiner could check the pressure points on the signature of the Note to come into conclusion whether a signature on the Note is more or less forged..

  2. […] via Only a Forensic Examiner can determine the Validity of an “Original” Note — Livinglies’s… […]

  3. Thanks UKG..

  4. Excellent comments. Documents can usually, only be authenticated and validated by expert “questioned documents examiner” witnesses. Have all of your documents examined and use the reports and testimony in your motions, arbitrations or at trial.
    If we can assist anyone in litigation reach out to 818.453.3585 at Consumer Rights Defenders.

  5. But will the Court let you present the discovery by the document forensic expert?

  6. Here’s one from the Fourth DCA Florida wherein the bank got caught with two different copies of the note with differing endorsements.,%202018/Russell-v-BAC-Home-Loan-Servicing-LP.pdf

    “We deny appellee’s motion for rehearing, but withdraw our previously
    issued opinion and substitute the following in its place.
    Appellant appeals a final judgment of foreclosure following summary
    judgment. Appellant argues that a genuine issue of material fact existed
    as to standing at the inception of the action because the endorsement on the note attached to the complaint was different than the endorsements on the original note filed with the court. We agree that a genuine issue of material fact existed and therefore we reverse.

  7. Why a judicial state process, when the process does not help the defense, but rather makes it harder to prevail and easier for the banks to rip off yet more people. Surely, my mom can’t be the first and definitely won’t be the last…unless someone steps up to the plate and goes to bat for her and the nameless other people ‘caught’ in a system designed for the small person to fail, not the banks/trusts/etc… Nuf said right now. My fingers hurt and my mom’s heart continues to break. So unfair.

  8. I absolutely depend on your site to offer insights and sane advice, not for a layperson to attempt to defend pro se, but to know what to look for in an attorney to represent this case and be just as passionate with belief in their client and willing to go the distance. It has been too hard to get, and time runs out quickly.

  9. PLEASE expand your network to New York City/State. You are exactly what so many homeowners and property owners NEED in this state’s judicial process. The courts just rubber-stamp all that banks present to them and make it so difficult for defending homeowners to prevail but also obtain restitution in this state. Although there have been triumphs here against this foreclosure mill, there remain too many innocent citizens left with few options but to succumb to this robotic-like assembly line process and/or declare bankruptcy unnecessarily and unfairly. Without competent legal representation[atty’s who ‘get it’, there will continue to be miscarriages of ‘justice’ in this state, and senior citizens will still be run over in the process. It seems that the more complex the case, the less attorneys willing to undergo the fight and even less who understand the full scope of the fight. It has been so hard to find one who has the fire and ‘stones’ to risk saving homeowners for the win here.

    CERTAINLY, there must be at least one with the skills and expertise to defend the process and restore dignity to a system which strips it from the less ‘savvy’ folk who fail to identify options for recourse in a ‘timely’ manner before reaching the point of having to defend against the ‘too big to fail’ bullies who could care less about the apparent breakdown in their strategically designed system.

    If you could offer referrals to those of us seeking real justice, not trying to get rich quick or dupe the system, but those who are undeniably in the right, and want the powers to be to finally recognize how unattended accountability wreaks havoc on lives, when doing the right thing is much easier. If they really are too big to fail, then why do they continue to pursue cases in which a small setback will lead to better perceptions of their ethics? They still wouldn’t fail, but prove that they do care about those whose lives they hold in their hands.

    That housing crisis left too many innocent folk in crises of their own with trying to recover from deed fraud, mortgage fraud, foreclosure rescue scams, ‘helping’ agency scams, and unscrupulous lawyers. CAN’T allow my mother to be one of those swept up in this mess years later.

  10. That is excellent advice and extremely appropriate to my mother’s case. My confidence in your professionalism has shot through the roof right now! Question: How can we contact YOU in NY?

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