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Reply in Support of Motion to Provide Proof of Authority
Filed March 26, 2015

Reply In Support of Motion to Provide Proof of Authority

COMES NOW, Defendants, Nick and Donna Nickerson, submit this reply in support of their Motion to Provide Proof of Authority.

In accordance with MCA § 37-61-402, the Nickersons have requested this Court require HSBC’s attorney, Erika Peterman, to produce and prove the authority under which she appears. Ms. Peterman, in her response to the Nickersons’ motion, claims this Court has granted her the authority to represent HSBC. Is this Court a representative of HSBC with the authority to act on HSBC’s behalf as Ms. Peterman infers? Contrary to Ms. Peterman’s inference, the Nickersons do not believe this Court is a representative of HSBC nor that it has or wants the authority to act on HSBC’s behalf. This Court, however, does have the authority to require Ms. Peterman to produce proof of authority and has the legal, ethical and moral right and obligation to the Nickersons to do so. The only evidence provided in this case from a representative of HSBC states that foreclosure is the responsibility of Wells Fargo. The Nickersons have been severely prejudiced because of HSBC’s denial of involvement. Therefore, since Ms. Peterman has refused to provide proof of authority, it can only be surmised that she does not have the authority and that HSBC has refused to provide the proof requested, and thus, since proof of authority has not been provided and Ms. Peterman appears to have no intention or ability to do so, according to the law, MCA § 37-61-402, the Court should vacate the summary judgment order and dismiss HSBC’s complaint.

Wherefore, the Nickersons request the Court order HSBC’s counsel to provide the required Proof of Authority including proof of the original date such authority was granted or summarily vacate summary judgment and dismiss HSBC’s complaint.

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