Fraud on the Court
Kingsman Funding
You asked:
What can one cite to force the "Court" to honor a motion to have a hearing on Fraud on the Court?
I don’t know what state you are in but there is probably no rule that provides for such a hearing. Before such a hearing for this purpose would be justified of taking the court’s time to hear it whatever they would call it in their rules, you and your case must have demonstrated evidence and documentation or testimony for a high probability that fraud has been committed.
It is not clear whether you mean fraud against you or that an attorney is bringing something before the court in your case that you have evidence of that he knows what he is presenting is not true. This would be the classic case of an attorney doing this which they try to do all the time and in my opinion going after them for it when you can prove it and seeking to have them disbarred for it is some thing we should see more of and can be very useful to get the attorney to back off in your case.
Below is an excerpt from just such an action against an attorney for doing just that from an old case:
On November 20th 2012, U.S. Bank N.A. by and through their attorney, Mark Sherer filed a Motion for Summary Judgment. The Deed of Trust was Exhibit 1 and Exhibit 2 was an Allonge that was supposedly attached to the original note but which was not accompanied by a copy of the note.
We filed our last motion to compel discovery and response in support on January 23rd 2013 we finally received production of documents from U.S. Bank N.A.
The mass compilation was made up of documents we had provided as evidence in our original complaint except that the allonge came in order behind the NOTE copy I had supplied U.S. Bank N. A. (TAB1 N A).
Please, notice that there are 2 exhibit type marks on the ‘note’ an A at the top which signifies our original complaint on default on March 31, 2011 (O) and an Exhibit L1, L2 and L3 signifying our November 23rd, 2011 original lawsuit.
This same note copy came to us in one other communication.
We also received in the TAB1 packet from Mr. Sherer a copy of a filed deed of trust and a copy of the title services deed unfiled with 2 hole marks at the top denoting it had been held somewhere.(D 1,2) The Note and Allonge had no marks showing they were held together. There were NO other marks or endorsements on the Note itself provided by Mr. Sherer in TAB1.
At hearing on Summary Judgment, February 1st, 2013, Mr. Sherer promised to have the original note for our inspection. He did not and was ordered by the court to bring the original for the court and our inspection at the earliest date available.
On April 10th 2013, Mr. Sherer made the supposed “Original” Note available for our inspection and witnessed by a person appointed by the court. Please, refer to our AFFIDAVIT Note Inspection April 10th 2013 Missoula county Courthouse filed April 16th 2013 and AFFIDAVIT Holder in Due Course filed January 25th 2013, herein attached which explains the inspection and that the note presented had a stamped blank endorsement where there had been no endorsement before on copies previously presented as being ‘a true and correct copy’ of the original note to which an allonge was allegedly attached but which copy of the allonge originally came with the deed of trust not the note and was never shown to have ever been attached to any copies of the note.
Thus Mr. Sherer has knowingly presented as evidence in this case two entirely different versions of what he has presented in supposed honor both times as either being the actual note or a ‘true and correct copy of the note’, yet knowing one or the other was a fraudulently represented document intended to deceive the court and the plaintiff for the benefit of his client in this case.
We sincerely request that Mr. Sherer be investigated for filing fraudulent documents on behalf of his client U.S. BANK NATIONAL ASSOCIATION Trustee.
Usually however, fraud is tremendously hard to prove. I would suggest you find your state’s standard for fraud in its case law resources and read these for yourself. Then you may want to bring your actions on something else. Remember, you don’t have to prove parties intended to deceive you to show they are mistaken or wrong in what they are trying to enforce against you.
I think it would be good for you to tell us what your case is about and why you believe there was fraud that you have the evidence to prove. 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
