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Opposing Counsel: but Your Honor, the plaintiff has the burden of proof.

He/She is alleging that we sold the note. Where s the proof? You: Your Honor, please see Exhibit C in our evidence as part of our initial com plaint. On Page X, you will find our loan listed as a permanent fixture in an S EC filing for the New York Mellons Bank Trust Series 1232342 REMIC in which this loan has been securitized. Judge: Counsel, what do you have to say to that? Opposing Counsel: I don t know about this your Honor. I was informed by my client that they bought back the loan. You: Counsel, are you aware of FAS 140? Under the Financial Accounting Standar d 140, it says that once a loan has been sold into a pooling and servicing agree ment, the lender forever loses control of the asset. Are you aware that this loan is a permanent fixture of the New York Mellons Bank Trust Series 1232342 REMIC? Where is the Chain of Title that gives your client the right to enforce the prom issory note? Are you aware that the promissory note has been discharged in the REMIC as a bad debt and that the individual share holders have received tax credit for this lo ss? Are you aware that once a debt has been discharged, it loses its ability to coll ect? Are you aware that your client bought the note as a discharged debt and an unsec ured instrument? I motion the court to have Counsel stipulate that you know with first hand knowl edge that the note has not been discharged as a non-performing asset. if he can no t, then say I motion the court to sanction opposing counsel for bringing fraud before the co urt. Counsel misrepresents the facts in order to deceive the court.

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