Archive for Evidence

NY Appellate Court Has Harsh Words for Activist Judge

A jurist praised by the New York Times for his administration of credit card collection cases was recently the subject of a harsh rebuke from a New York appellate court for the same judicial practices.

Missouri Supreme Court – Because Chain of Title Deficient, Assignee lacked Standing to Sue on Debt

Last month the Missouri Supreme Court handed down a decision concerning a failure of proof in establishing chain of title on assignment of debt. The decision itself is unremarkable and you can read it here CACH v. Askew. The problem was simple – no testimony was proffered concerning the account being included in the prior assignee’s

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NJ Court Allows Mortgage Assignee to Foreclose Despite Lost Note

In Bank of America v. Alvarado, BER-F-47941-08 (January 7, 2011), Alvarado obtained a mortgage loan from Washington Mutual in 2006. After the loan was closed, Washington Mutual lost the note. It made an Affidavit of Lost Note dated July 14, 2006. Ownership of the mortgage loan, which included the Affidavit of Lost Note, was subsequently

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