Pleading: The devil is in the details

23 Sep

Livinglies's Weblog

Proposed pleading submitted to me for review. The difference is subtle to the casual reader but it is the difference between giving the Judge a chance to rule in your favor and giving him no opportunity to rule in your favor. Once you have tacitly or explicitly admitted the connections and validity of any of the documents upon which the co-venturers in the Ponzi scheme relied upon to foreclose, you are tying a bow around the case of the would-be forecloser. The more facts you allege in your pleading, the more you will be required to prove. The more you deny what is either plead or presumed in the foreclosure, the better your chances of getting cancellation of the instruments.

Paragraph submitted to me:

However, the wire transfer evidenced to this court clearly shows that the money wired into Plaintiffs’ escrow came from a different bank altogether, Centennial Bank of…

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