Cross-posted from The Law Offices of Evan M. Rosen:

Plaintiff starts off wanting leave to amend to add lost note count at the beginning of trial. Despite pleading owner and holder in a “verified” complaint, they now know the note was lost all along. First, opposing counsel attempts to place blame on the court clerk of court but the clerk who he calls to testify, proffers during their motion that the original was never filed. What they show was that a Notice of Filing of original note was filed in a prior 2009 case but when the bank was ordered to transfer the original note via an order from the Judge in the current 2013 case, they found that only a copy of the note was attached to Plaintiff’s notice of filing the “original note.” This is not the first time we’ve seen or heard this…

Without me saying a…