Oh federal court with all those rules and pesky legal requirements!
Now comes one from Judge Seitz -- banks need to have their notes signed by the borrowers!
Plaintiff has moved for summary judgment because no dispute exists that Plaintiff has a valid First Preferred Ship's Mortgage and because Alvarez is individually liable for payment under the Note. Plaintiff has failed to meet its burden of establishing that no genuine issue of material fact exists. Plaintiff seeks summary judgment based on the terms of the Note. However, Plaintiff has not established that Alvarez signed the Note or that the terms of the Note are the governing term s of the loan. While Alvarez has acknowledged that she is indebted because of the loan, she has not acknowledged that the terms of the Note were the terms of the loan. Thus, Plaintiff has failed to meet its burden.I know I know, HCR before the Supremes.
Listen, if you're that interested, go pay someone to