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To: HamiltonJay

The law specifically states that the mortgage follows the note. If you assign the note, you assign the mortgage.


56 posted on 11/16/2007 7:10:41 AM PST by Brilliant
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To: Brilliant

If a particular party is, in fact, the rightful mortgage holder, it should be easy for that party to produce the legal documents required to prove that ownership. As soon as the alleged mortgage holder complies with the law, I’m sure the judge will let the foreclosure proceed.


57 posted on 11/16/2007 7:43:55 AM PST by seacapn
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To: Brilliant

The law does not say you show me some paper saying I have an agreement to transfer the note that you are the note holder.

You don’t produce the physical docs, you got squat.

Judge absolutely nailed this one 100% correctly.

You can’t produce the physical mortgage and prove you are the holder of it you have ZERO right to file foreclosure.


61 posted on 11/16/2007 8:38:18 AM PST by HamiltonJay
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To: Brilliant
The law specifically states that the mortgage follows the note. If you assign the note, you assign the mortgage.

And just what law is that? If the deed of trust containing the power to foreclose was not assigned to the party seeking to foreclose, it can't. It's just that simple. And just.
78 posted on 11/16/2007 9:17:20 AM PST by Iwo Jima ("Close the border. Then we'll talk.")
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