Waterman Expert II Fountain Pen
Fountain pens and foreclosures
Nowadays of robo-signers and rocket-dockets, it is simple to imagine losing your loved ones house on swing of a pen—based on the trademark on a perjured affidavit, or perhaps the purchase of a rushed judge—but how often perhaps you have heard of a house conserved by the stroke of a pen?
a bank folds when its fraudulence is exposed
Many months ago, I got a call from several facing property foreclosure. These people were persuaded, and soon persuaded me, that the bank had forged certain key documents in case. I inquired a number of pointed concerns, got the important points We needed, and drafted both a response into the issue and an affidavit from my customer concerning the fraud.
The solution, which stated the facts in mainly basic terms, we filed right away, and “kept my powder dried out” aided by the affidavit. To start with, the financial institution freaked-out. They heaped scorn our defenses, calling all of them “frivolous” and “without basis.” Judges balked—even in the face of overwhelming research which they take action every day—at the idea that a bank could devote property foreclosure fraud. Shamefully, one judge also threatened my customer with criminal costs for perjury.
Preparing for test
But we didn't waver. We used our key to its most useful effect, and correctly ready, we survived the summary view hearing. The judge set an effort date. I started the entire process of assembling our trial evidence and witnesses, including an expert experience to testify in regards to the fraud we’d uncovered. After which the strangest thing occurred: the lender quit.
The bank folds facing an effort
Once the trial time received nearer, the bank showed indications they had no intention of going to test. They missed a few deadlines, including depositions and experience disclosure deadlines. The bank’s attorney said she couldn’t get her client to tell this lady what the financial institution desired to do. Then eventually, about a ten times before trial, they caved: hot down my fax device arrived a Notice of Voluntary Dismissal.
The trick fraudulence we uncovered
Just what dark secret had we revealed that sent the financial institution running for cover? Easy: we found that they had filed utilizing the court an “original note” that was, in fact, a forgery. My customer choose to go toward courthouse by herself to see the alleged initial note, as soon as she unsealed the judge file, she made a wonderful discovery: her signature in the bottom of page was at blue ink.
Blue ink signatures can be fakes, too
There’s a common misconception that blue-ink signatures can’t be faked. I’ve had one or more judge tell me that she understood the note within the courtroom file had been the initial because it had been signed in blue ink. This can ben’t real, of course—blue ink signatures is faked, too—but this common myth among judges and protection attorneys alike helps make the blue ink trademark the holy grail of frauds. Those forgers whom learn how to artificial blue-ink records understand that they will certainly resist all nevertheless the many clever of challengers. In this situation, but they got busted.
Meet with the water feature pen collector
My client, an old paralegal, happened to be a fountain pen enthusiast. For signing legal documents, she had a certain pen that she always utilized: an Oriental Red, Professional II Waterman pen, which she always held laden with blue Waterman ink. Nevertheless when she surely got to the closing, the notary refused to let the lady make use of that blue-ink pen to sign the documents. Ebony ink just, he informed her, it photocopies much better.
She was, to put it mildly, pretty annoyed. That’s exactly why she wanted to utilize blue ink, so she could inform the photocopies through the originals. Although notary refused to notarize certainly not a black-ink signature and she relented.
Therefore imagine the woman surprise whenever she saw the bank’s “original note” was at blue ink. Imagine the bank’s shock if they learned the notary had insisted on black ink—after they decided to go to the difficulty of fabricating an alleged original with a blue-ink trademark they have to have replicated from a high-quality scan. Confronted with the chance of evidence, at trial, that their “original” had been a fake, they opted alternatively to drop the outcome. Success!
Whenever is a blue-ink signature fake?
Now, how can foreclosure plaintiffs fake blue-ink signatures? Within the age top-notch scanners and shade laser printers, it's simple enough to produce practical looking fakes that will pass inspection virtually all enough time. (That’s one of the reasons —to battle counterfeiting.) I'm sure one or more attorney who has got struggled to obtain foreclosure mills within the distant past. He informs me the foreclosure mills easily can, and frequently do, generate top-quality fakes in many cases. However in this instance they got tripped up by an individual who understood what she signed and knew what to choose.
There are two classes becoming discovered here: first, don’t roll-over. If you look carefully, and know very well what to find, you simply will dsicover anything awfully wrong with your own personal property foreclosure instance. 2nd, if you discover one thing really worth battling about, dig in and do so, because when push comes to shove, a majority of these property foreclosure mills will instead surrender than battle a losing battle.