LAST UPDATED 08/15/19
ALL LEGAL DOCUMENTS PERTAINING FOR THIS CASE ARE ON PUBLIC RECORD AT THE BOSTON FEDERAL COURT HOUSE AND THE INTERNET WORLD WIDE.
Website is updated daily please check back periodically.
CERTIFIED HANDWRITING AND DOCUMENT EXPERTS
James P.Dillon.Jr.
Attorney At Law
1 Billings Road
No. Quincy, MA02171
August 28,1997
HANDWRITING EXAMINER'S REPORT
The undersigned Licensed/Approved Educator/Trainer in Forensic Handwriting Examination and court qualified/appointed Forensic Handwriting Examiner has studied and examined the follow-ing listed documents which were obtained, for comparison purposes, from the office of attorney Victor Bass. For the purpose of identification, these documents are listed and referred to as Exhibits K1. K1A, K1B, K1C, K2, K2A, K2B, K3. K3A. K3B, K4, K4A, K4B, K5, K5A, 01, 01 A, Q1B,Q1C,Q1D,Q1E,Q1F.
K1. One (1) photocopy of a NOTE dated August 14,1985. Document bears one line of handprinted letters, bottom right, that read: AM
K1A. One (1) photocopy of the second page of the NOTE bearing three lines of handprinted/handwritten letters and words. Above the typewritten name- Alphonse Mourad is the known signature of Alphonse Mourad. The true signature of M r. Mourad appears three times in this document
K1 B. One (1) Polaroid photograph of the first two original signatures authored by M r. Mourad. This photograph was secured from the original document
K1 C. One (1) Polaroid photograph of the two lines of witness initials. This photograph was secured from the original document
K2. One (1) photocopy of a NOTE dated December 21,1984. Document bears one line of handprinted letters, bottom right, that read: AM
K2A. One (1) photocopy of the second page of the NOTE bearing two lines of handprinted/handwritten letters and words. Above the typewritten name-Alphonse Mourad is the known signature of Alphonse Mourad. The true signature of Mr. Mourad appears two times in this document
K2B. One (1) Polaroid photograph of the two original signatures authored by M r. Mourad. This photograph was secured from the original document
K3. One (1) photocopy of a NOTE dated January 23,1986. Document bears one line of handprinted letters, bottom left, that read: A M
K3A. One (1) photocopy of the second page of the NOTE bearing two lines of handwritten signatures. Above the typewritten name-Alphonse Mourad is the known signature of Alphonse Mourad. The true signature of M r. Mourad appears two times in this document.
K3B. One (1) Polaroid photograph of the two original signatures authored by M r. Mourad. This photograph was secured from the original document
K4. One (1) photocopy of a NOTE dated March 18,1986. Document bears one line of handprinted letters, right tower column, that read: A M
K4A. One (1) photocopy of the second page of the NOTE bearing two lines of handwritten signatures. Above the typewritten name-Alphonse Mourad i s the known signature of Alphonse Mourad. The true signature of M r. Mourad appears two times i n this document
K4B. One (1) Polaroid photograph of the two original signatures authored by Mr. Mourad. This photograph was secured from the original document
K5. One (1) photograph of a NOTE dated May 9,1985. Document bears one line of handprinted letters, left lower corner, that read: A M
K5A. One (1) photocopy of the second page of the NOTE bearing three lines of
handwritten/handprinted words and letters. Above the typewritten name-Alphonse Mourad is the known signature of Alphonse Mourad. The true signature of Mr. Mourad appears three times in this document
0.1. One (1) photocopy of a NOTE dated March 29,1985. Document does not
bear any handprinted initials or any other handwritten/handprinted words, letters or numerals.
Q1A. One (1) photocopy of the second page of the NOTE. Document bears three lines of handwritten letters and words. Above the typewritten name-Alphonse Mourad is the handwritten words aReged to be the signature of Alphonse Mourad. The alleged handwritten words/signature appears three times in this document
Q1 B. One (1) Polaroid photograph of the first alleged signature. This photograph was secured from the original document
Q1C One (1) Polaroid photograph of the two unidentified witness signatures. This photograph was secured from the original document
Q1 D. One (1) Polaroid photograph of the first two alleged signatures. This photo-graph was secured from the original document
Q1E. One (1) Polaroid photograph of the first two alleged signatures. This photo-graph was secured from the original document
Q1 F. One (1) Polaroid photograph of the third alleged signature. This photograph was secured from the original document
PART II - OPINION
Using the handwritten signatures in Exhibits K1A, K1B, K2A, K2B, K3A, K3B, K4A, K4B, K5A as the standards and as the basis for comparison, it is the opinion of this Examiner, within a reasonable degree of certainty, that:
A. The handwritten signatures on the questioned document. Exhibit Q1A, were not written or signed by the Alphonse Mourad represented by the cited Standards, Exhibits K1A, K1 B, K2A, KZB. K3A, K3B, K4A, K4B, K5A.
B. There are sufficient factors of letter stroke dissimilarity i n the handwritten signatures on the questioned document Exhibit Q1A and the cited standards to indicate they were written/signed by two different people.
PART III - BASIS FOR OPINION This opinion is based on the following Pattern Recognition Factors:
RE: PART II, A.
The style, slant and flow of the writings in the questioned document and the Alphonse Mourad standards are not the same. Further, the individual letter stroke charac-teristics, personal writing habits and idiosyncrasies, found i n the Mourad exemplars, are not present i n the questioned writings/signatures.
These totally differing factors, found in the questioned writings, reflect the writing habits of an individual other than the Alphonse Mourad represented by the exemplars i n Exhibits K1 A, K1 B, K2A, K2B, K3A, K3B, K4A, K4B, K5A.
RE: PART ll.B.
There are definitive factors of letter stroke characteristics (personal writing habits and idiosyncrasies) that are present i n the questioned writings but missing i n the cited standards. These are specifically noted as, but not limited to. the following.
1. The handwritten capital M's.
2. The handwritten lower case a's, d's.e's, h's, I's.n's, o's, p's,r's,s's,u's.
These factors, found in the questioned writings/signatures and the cited standards, reflect the unconscious writing habits of two different individuals and establish the opinion cited in Part II, B.
If court testimony is anticipated, please inform this Examiner at least four weeks prior to trial date to assure availability and to allow sufficient time for preparation.
Sincerely,
Ronald H. Rice
Licensed Investigator (Department Of State Police - License No.: 99)
Licensed/Approved Educator/Trainer in Forensic Handwriting Examination (Commonwealth Of Massachusetts Department Of Education - License
No.: 961031C)
Court Qualified/Appointed Forensic Handwriting Examiner
RHR/mm
Enclosures:
MUNRO & MUNRO / CERTIFIED PUBLIC ACCOUNTANTS
ONE UNION PLACE
DEDHAM. MA 02026
December 28, 1995
Alphonse Mourad, President V & M Management, Inc. 131 Coolidge Street
Watertown, Massachusetts 02172
SUBJECT: Mortgages payable and payments made to Mario Nicosia
Dear Al:
I have reviewed mortgage note #387064, which Mr. Nicosia is foreclosing and he claims the balance on said note is $345,727 as of September 30, 1995.
I have several problems with Mr. Nicasia's calculation of the balance due.
PENALTY:
The note requires eleven monthly payments of interest, any excess payment to be applied to principal, and a final payment on March 29, 1986, of the principal balance plus any accrued interest. There is no provision for additional installments, therefore the 3% penalty on any unpaid installment only effects amounts due thru March 29, 1986. At that point Mr. Nicosia had the option to foreclose the mortgage. Mr. Nicosia calculated penalty as if $1,000 monthly installments were due thru 1995.
INTEREST:
The note calls for interest at 18% Mr. Nicosia calculated interest at 20% per year thru 1995.
APPORTIONMENT OF PAYMENTS:
Thru 1987, Mr. Nicosia applied all payments proportionately to the total out-standing mortgages.
Thru July 1985 there were three mortgages outstanding, total amount of $200,000. Mortgage #387064 for $50,000 was 257. of the total. Mr. Nicosia applied 257, of the payments to mortgage #387064.
As of August 1985, there were four mortgages outstanding, total amount $255,000. Mortgage #387064 was 19.67, of the total. Mr. Nicosia applied 19.67, of payments to mortgage #387064.
In September 1985 payments were increased by $1,200 per month and the increase was applied, by agreement to a new mortgage in the amount of $60,000 the balance of the payments were applied as above.
No payments were made from January 1986 thru January 1987. In February 1987 payments were again applied proportionately to all outstanding mortgages, seven mortgages totaling $355,500, 14% of payments were applied to mortgage #387064. Payments were made from February 1987 thru January 1988 and Mr. Nicosia applied them proportionately. No further payments were made until January 1990 at which time the $100,000 mortgage was paid in full with interest.
From January 1990 on Mr. Nicosia applied all payments to the most recent tgage. V & M Management, Inc. intended payments to be applied proportionately in the past to all mortgages. The balance of all six mortgages was $255,500 which mortgage #387064 was 19.6%.
Mr. Nicosia's calculations show three mortgages being paid in full. Mortgage *3245 being paid in full in March 1990, mortgage #400662 being paid in full in ,ust 1990 and mortgage #393720 being paid in full in December 1991 and then all ments being applied to mortgage #390398. The mortgages supposedly paid in 1 were not so recorded in the registry of deeds. In addition in September '2, Mr. Nicosia's attorney Albert Farah Jr. informed V & M Management that ^7600 unpaid interest was due on the six outstanding mortgages. If three had :n paid in full in 1990 and 1991 there would be only three mortgases outstanding 1992.
I have calculated payments proportionately to the mortgages outstanding, calculation attached. I have further calculated interest, penalties, payments and bances of mortgage #387064 from March 1985 to the present, calculations attached.
December 29, 1995, the princip&l balance on mortgage =387064 was $11,900 and iaid interest was $1,61\L, a total b&lance due of $13,511.
Robert F. Munro. CPA