Res Judicata Application Explained

Summary

Res judicata may not apply if there is initial fraud or lack of jurisdiction. Evidence must clearly establish fraud, not just allegations. Highlight the fabricated mortgage assignment and its lack of authentication. Consider the original lenders bankruptcy status and its effect on assignment validity. Demonstrate the non-partys lack of standing under Article 3 due to not providing the promissory note.

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Argument: Incorrect Application of Res Judicata King contends that the application of res judicata was incorrect for the following reasons: - Res judicata does not apply when subsequent motions are based on initial fraud on the court and lack of jurisdiction. dontthe next staement have to prove the fraud element? I think this needs to be revised. - Undisputed evidence indicates that the original assignment of the mortgage on December *, *, was fabricated and not authenticated. - The mortgage was not assigned by MERS, and this assignment was not approved by the Northern California bankruptcy court. - The original lender was in bankruptcy from January *, *, until November *, *, which further invalidates the assignment. - Undisputed evidence shows that the non-party to the original contract never provided the promissory note or established Article * standing.
It looks like you have a detailed argument regarding the incorrect application of res judicata. Here are some points to consider for your argument:
- Res judicata is not applicable if there is evidence of initial fraud on the court or lack of jurisdiction.
- Evidence must clearly establish fraud; mere allegations may not suffice.
- Ensure all claims are supported by documented, undisputed evidence.
- Clearly outline how the mortgage assignment was fabricated and not authenticated.
- Highlight the bankruptcy status of the original lender and its impact on the assignment's validity.
- Demonstrate the non-party's lack of standing under Article * due to failure to provide the promissory note.
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can you revise this
Sure, here's a revised version of your argument:
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Argument: Incorrect Application of Res Judicata
King argues that the application of res judicata was incorrect for the following reasons:
- Fraud and Jurisdiction Issues: Res judicata does not apply when subsequent motions are based on initial fraud on the court and lack of jurisdiction. We must demonstrate the fraud element clearly.
- Fabricated Assignment: Undisputed evidence shows that the original assignment of the mortgage on December *, *, was fabricated and not authenticated.
- MERS Involvement: The mortgage was not assigned by MERS, and this assignment was not approved by the Northern California bankruptcy court.
- Lender's Bankruptcy: The original lender was in bankruptcy from January *, *, until November *, *, which further invalidates the assignment.
- Non-Party Standing: Undisputed evidence indicates that the non-party to the original contract never provided the promissory note or established Article * standing.
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