No. 24-5246

Lissette Salazar Napoleoni v. Deutsche Bank National Trust Company, as Trustee, on Behalf of the Holders of the Impac Secured Assets Corp. Mortgage Pass-Through Certificates Series 2007-1

Lower Court: Nevada
Docketed: 2024-08-07
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure-evidence-authentication-trial-witn deed-of-trust evidence-authentication fraud-misrepresentation-errors-in-evidence integrity-of-legal-process-validity-of-legal-decis legal-scrutiny lost-note-affidavit lost-note-affidavit-reliability-credibility-incons misrepresentation ownership-rights-determination-probative-value-of- preponderance-of-evidence preponderance-of-evidence-authentication-discovery
Key Terms:
JusticiabilityDoctri
Latest Conference: 2024-12-13 (distributed 2 times)
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Is it permissible for evidence riddled with blatant errors to be used to infer a legal decision without undergoing authentication, trial, witness, and expert scrutiny? 2. Ina legal context, can evidence comprising an unendorsed Note, an Assignment of Deed of Trust containing inaccuracies and misrepresentations regarding a transfer and endorsement, and two contradictory Lost Note Affidavits be deemed adequate to establish preponderance of evidence? Especially if the evidence has not undergone authentication procedures, discovery processes, or scrutiny by witnesses or experts? 8. Should contradictory and erroneous evidence be thoroughly examined, authenticated, and subjected to cross-examination and expert analysis to ensure its accuracy and reliability in legal proceedings? 4. Does failing to follow proper procedures and scrutinize evidence effectively undermine the integrity of the legal process and render a legal decision invalid? 5. What are the potential consequences of allowing evidence with errors to influence legal decisions without proper scrutiny? 6. Is it considered fraud if none of the major elements in. a piece of evidence is incorrect? 7. Can a misrepresentation occur if an Assignment of Deed of Trust indicates a transfer that did not occur and references an endorsement of a Note that is not valid? 8. Would the misrepresentation of a transfer and endorsement in a legal document constitute fraudulent behavior? 9. Are there legal ramifications for presenting evidence that contains misrepresentations? 10. How do the courts determine whether a misrepresentation in evidence rises to the level of fraud? 11. How do the courts differentiate between a void Assignment and fraud? 12, When do void Assignments be consirued as an attempt to commit fraud? 18. Can two Lost Note Affidavits, each indicating that a Note was lost in a different state, with involvement from different companies ‘and individuals, be considered reliable evidence in court proceedings? 14. Do discrepancies between Lost Note Affidavits, such as variations in the location, company, and individual associated with the loss of the Note, affect their validity and credibility in establishing ownership rights? 15. How do courts assess the credibility and reliability of Lost Note Affidavits when they provide conflicting accounts of the circumstances surrounding the loss of a Note? 16. Is it reasonable to rely on Lost Note Affidavits as conclusive evidence of ownership rights when they offer inconsistent narratives about the loss of the Note? 17. What legal principles guide the use of conflicting Lost Note Affidavits in determining ; ownership rights in court proceedings? 18. How do courts weigh the credibility and reliability of evidence when it includes inconsistencies and discrepancies, such as conflicting accounts of how a Note was lost? 19. Is it reasonable to rely on evidence that contains errors and contradictions to determine ownership rights in a legal dispute? : 20. What standards must evidence meet to be considered sufficient to establish preponderance of evidence in court proceedings? 21. What factors should be taken into account when assessing the probative value of evidence that includes unendorsed Notes, false statements in Assignments of Deed of Trust, and conflicting accounts in Lost Note Affidavits? 22. Can a Lost Note Affidavit filed by Bank of America provide an accurate account of what happened to a Note while it was under the control of Countrywide, prior to Countrywide's acquisition by Bank of America without corroboration of an expert witness in deposition or trial? 23. Is it reasonable to expect a Lost Note Affidavit to detail the events surrounding the loss of a Note during the period when it was held by a different company, such as Countrywide? Would the current holder or servicer of the Note (Bank of America), who may not have direct knowledge of events that occurred before their involvement, be able to testify a

Docket Entries

2024-12-16
Rehearing DENIED.
2024-11-26
DISTRIBUTED for Conference of 12/13/2024.
2024-10-31
Petition for Rehearing filed.
2024-10-07
Petition DENIED.
2024-08-29
DISTRIBUTED for Conference of 9/30/2024.
2024-08-23
Waiver of right of respondent Deutsche Bk. Nat. Trust to respond filed.
2024-05-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2024)

Attorneys

Deutsche Bk. Nat. Trust
Kent F. LarsenSmith Larsen & Wixom, Respondent
Kent F. LarsenSmith Larsen & Wixom, Respondent
Lissette S. Napoleoni
Lissette Napoleoni — Petitioner
Lissette Napoleoni — Petitioner