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Motion To Strike Plaintiff's Exhibits

This is our motion, in foreclosure case, to strike exhibits. Their exhibits fail as evidence under the rules of Civil Procedure.

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1SantaFean
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357 views2 pages

Motion To Strike Plaintiff's Exhibits

This is our motion, in foreclosure case, to strike exhibits. Their exhibits fail as evidence under the rules of Civil Procedure.

Uploaded by

1SantaFean
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
Download as docx, pdf, or txt
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THE STATE OF NEW MEXICO

COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT
BANK OF AMERICA, N.A.,
Plaintiff,
v.

Case No. D-202-CV-2016-04035

MARGARET L. MACNAB,
Defendant
MOTION TO STRIKE PLAINTIFFS EXHIBITS

COMES NOW, Defendant, Margaret L. Macnab, to motion Court to strike Plaintiffs


exhibits for the following lawful and legal reasons:
NMRA 1-005.2 (I) Demand for original; electronic conversion of paper documents. If
an original paper document is filed by electronic transmission, the electronic version of the
document shall conform to the original paper document. Emphasis Defendants.
Plaintiff in Foreclosure Complaint has filed Exhibit A, the alleged copy of the Note, the
alleged copy of the Mortgage and the alleged copy of the Assignment of Mortgage. Upon
information and belief Defendant states that these documents do not conform to the originals as
they are redacted documents.
Plaintiffs exhibits also fail under New Mexico Rules Annotated Rules of
Evidence Article 10, 11-1001 (D) Duplicate. A duplicate is a counterpart produced by the
same impression as the original, or from the same matrix, or by means of photography, including
enlargements and miniatures, or by mechanical or electrical rerecording, or by chemical
reproduction, or by any other equivalent technique which accurately reproduces the original.
Emphasis Defendants
Plaintiffs redactions and altering of the Note are not allowed under The Inspection of
Public Records Act NMSA 1978, Chapter 14, Article 2. The Law at,14-2-1 (8) B., states

Protected personal identifier information contained in public records may be redacted by a


public body before inspection or copying of a record. Emphasis defendants. Plaintiff nor
Plaintiffs counsel are public bodies, Chapter V, (F) The Inspection of Public Records Act.
Plaintiff exhibits were not certified copies.
Federal Rules of evidence, NM Statutes nor New Mexico Rules of Evidence allow for
exceptions in exhibits for Foreclosure Complaints.
Plaintiff should not be harmed by the filing of conforming documents as outlined under
NMRA 1-005.2 (I) or The Inspection of Public Records Act NMSA 1978, Chapter 14, Article 2.
Plaintiff is bearing false witness by the filing of void exhibits.
For the legal and lawful reasons stated above, Defendant moves the Honorable Court to
strike Plaintiffs exhibits.

Defendant,
_____________________
Margaret L. Macnab
4736 Via Verde Ct.
Santa Fe, New Mexico 87507
505-819-0180

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