the mistake of alleging what you can't prove II
Kingsman Funding
Another state’s standard to prove fraud:
I said last time I regularly see claims against mortgage holders for various forms of fraud. It is rare to see a defense or a suit that does not allege fraud. Everyone expecting to put together a defense against foreclosure needs to be aware every time you include some form of fraud to be alleged against another party you are probably setting a bar far too high to achieve or prove and even though you may can prove something was wrong with the mortgage or that they don’t own the loan, you will still be demurred or dismissed before your case ever gets to trial because your case does not support a claim for fraud.
You can google the standards to prove fraud in your state and very quickly see what I mean.
From Florida:
Most misrepresentation and civil fraud cases arise from a contract situation. Misrepresentation in a contract can be innocent or fraudulent, but both can be grounds to void a contract. If the misrepresentation is fraudulent, then the victims of the fraud may also sue for damages.
Fraud is misrepresentation made with knowledge of falsity and the intent to deceive, and innocent misrepresentation is not meant to be deceptive.
In order for and assertion to be considered fraud, it must meet four criteria:
1. An untrue assertion of fact was made.
2. The assertion was made knowing that the statement was false.
3. The complaining party entered the contract because of his reliance on the assertion..
4. The reliance of the complaining party was justifiable.
There is more but I think we can get the point.
The problem is in law, if you allege something that has certain legal requirements to it you must meet those requirements or you loose. It doesn’t matter that you may actually prove enogh to accomplish your defense of the property….you still loose. I have found this out the hard way many times.
The good news is you don’t have to prove an intent to deceive or the who, why, when and where of what happened, in order to show something was done wrong that voids the contract or that the people claiming it don’t own the loan to have a right to enforce it. You just have to show those facts and you can do that without having to allege fraud that you probably can’t prove. If there are questions we will try to answer, Dr Weatherly
On another very important subject let me add something.
Most people don't understand this, but God was in Christ paying for all our sins on the cross and its over and done and finished and He's not angry with us about anything any more.
The Bible says, He is for us, not against us.
He died in our place to purchase us for Himself and if you'll give in to Him, there's nothing He won't be able to do in your life.
I know, I have been with Him for 41 years.
And when we finally leave this world, we'll live with Him forever,
if we belong to Him.
If you need to think about that or you have someone in mind that does, I'll be glad to talk with them. My number again was 662-489-6554. I just wanted you to know that.
Dr. Weatherly
