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Declaration

Declaration

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Published by Foreclosure Fraud
4closureFraud.org
4closureFraud.org

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Categories:Types, Research
Published by: Foreclosure Fraud on Feb 03, 2013
Copyright:Attribution Non-commercial

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02/05/2014

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DECLARATION
OF
JAlVIES
M. KELLEY
I,
James Madison Kelley, declare as follows:
1. 
I am a computer expert over the age
of
eighteen years,
am
of
sound mind, have neverbeen convicted
of
a felony or crime
of
moral turpitude; I
am
competent in all respectsto make this declaration. I have personal knowledge
of
the matters declared herein,and
if
called to testify to the same, I could and would competently testify thereto.2. I have studied numerous computerized forgeries and have developed scientificallysound methods
of
distinguishing computer generated signature facsimiles from directcopies
of
original signatures. A true and correct copy
of
my relevant Curricula Vitaeis attached
as
"Exhibit
1".
3. I was asked to review the questioned document, which purports to be the "original"promissory note ("Note") to determine
if
the signatures
of
Hollis
H.
Malin
Jr
andLinda D. Malin are authentic. The questioned signatures are
on
page 6
of
the Noteand are attached hereto as
"Exhibit
2".4. Exhibit 2 was obtained in form
of
a digital red-green-blue color copy obtained byscanning the purportedly "original" Note using photoshop: ColorMode: 3 andICCProfile: sRGB IEC61966-2.1 at 300 pixels per centimeter.5. Exhibit 2 shows
no
color at all other than black
inkon
white paper at identical RGBproportions (R=G=B).
The
Notary stamp and signature
on
page 16
of
the
Deed
of
Tmst
is also entirely black. The color standard for signatures is blue to make forgerymore difficult.
It
is extremely unlikely that the notary's signature and stamp, therecorder's marks and the
Malin's
signatures all used perfectly black ink.6. I obtained the unquestioned original ink signatures from Hollis and Linda Malinattached hereto as
"Exhibit
3".
These unquestioned signatures are scanned at
600
dots per inch
in
gray scale.
Malin Questioned Document Declaration
 
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24252627287. I have examined the entire questioned document that contains a purported digitalcolor copy
of
the original Note with special attention to page 6 that contains thequestioned signatures
of
Hollis and Linda Malin.8. I have also examined the Deed
of
Trust and the other documents that were providedwith the Note.9. I have extracted the file metadata that contains information about the creation andmodification
of
the document. The file metadata shows that the document wasscanned on
9114/2012
using Nuance Communications, Inc software. The file
is
attached hereto as
"Exhibit 4".
10. When Exhibit 2 -the questioned document (page 6
of
the Note) -
is
magnified inAdobe Reader to 400%, evidence
of
extensive irregular pixallation
of
the questionedsignatures emerges. Irregular pixallation
is
associated with computerized forgery.
11.
Exhibit 3 contains the unquestioned signatures
of
Mr. And Mrs. Malin and showsvery little pixallation.12. In order
to
determine the nature
of
the pixallation, a comparison
of
the Exhibits 2 and3 was performed with background enhancement using Adobe Photoshop. TheseExhibits are labelled
"Exhibit 2·BE"
and
"Exhibit 3-BE"
where the
"BE"
indicates'that the background was enhanced. Maximizing the contrast and reducing the brighteness
of
an image enhances the background. 13. Exhibit 2-BE1 reveals the pixallation and other artifacts
in
great detail when viewedat 4X magnification in Photoshop. The signature "Hollis" shows evidence that aneffort was made to reduce the pixallation by use
of
the retouching tools such as thoseavailable in Photoshop and Gimp. The retouching efforts are inconsistent as shown bycomparing the letters in the signature stmting with the lower part
of
the
"H"
in Holliswith the "L" in Malin and the
"]"
in
Jr
that show irregular pixallation.14. Exhibit 2-BEl reveals the pixallation and other artifacts when viewed at
4X
magnification in Photoshop. The signature
"Linda
D. Malin" shows evidence
that
an
Malin Questioned Document Declaration
2
 
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22232425262728effort was made to reduce the pixallation by retouching tools such
as
those availablein Adobe and Gimp. The retouching efforts are inconsistent
as
shown by comparingthe "Linda" with "D. Malin" in the signature
of
Linda D. Malin. The comparisonshows the heavy pixallation
of
"Linda" and the much-reduced pixallation
of
"D.Malin" indicative
of
retouching.15. Exhibit 2-BE2
is
a contrast-enhanced view
of
Exhibit
2.
Exhibit 2-BE2 shows a blackand gray strip extending from the top
of
the page 6
to
the bottom
of
the page. Thisvertical strip
(3
millimeters wide)
is
the result
of
printing with a laser printer thatneeds cleaning.
16.
I
examined a certified copy
of
the Note obtained from Stewart Title for evidence
of
laser printer marks and for similarity in signatures. Page 6
of
the Stewart Title Note
is
attached hereto
as
"Exhibit
5" for this comparison with the Exhibit
2.
17. There
is
no evidence laser printer residue on Exhibit
5.
Further, the "M" in LindaMalin's signature does not match with the corresponding
"M"
in the Linda Malin'ssignature on the questioned document Exhibit
2.
The questioned document begins the"M" with
a
sharp move to the left and extends the tail
of
the "M" into the next letterunlike the Stewart Title copy.
18.
Comparing the questioned signatures on Exhibit 2-BE with the unquestionedsignatures on Exhibit 3-BE shows a clear difference. Exhibit
3-
BE at 400%magnification
of
the signatures and signature lines shows little pixallation that
is
evenly and regularly distributed along the boundaries
of
the letters and lines. Theunquestioned signatures show
a
consistency
in
ink
volume unlike the questionedsignatures.
19.
Exhibit 2 was examined in Adobe Illustrator. The examination shows that thequestioned signature page
is
comprised
of
one layer and three separate groups
of
images that can be combined
to
form the signatures
of
"Hollis
H.
Malin" and "Linda
D.
Malin" by pushing three
buttons.
Malin Questioned Document Declaration
3

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