Posted on 05/25/2010 1:30:38 PM PDT by longtermmemmory
FOLKS,
Florida has a law/rule/mandate which states a laywer MUST find and have ready for production THE ORIGINAL NOTE or have a VERY VERY VERY detailed explanation why they do not BEFORE THEY CAN FILE SUIT.
This is not about the debt, this is about standing to sue. Banks which have lost the original notes and have NO LEGITIMATE EXCUSE for not having it can not legally forclose on a persons house.
That is HUGE and the media is not reporting this.
no, because the bank with the actual real promossory note can still sue you anyways.
I think their should be a way to extinguish defective mortgages and collect against the last bank for unjust enrichment. But who to sue? the servicing bank? the traunch? the trust?
I agree, if they cannot produce the note...there is no debt.
There is a debt,
without the note you have no standing to sue or enforce the debt.
(until monica produced the dress, there was no way to prove her claim...)
Mom’s been having issues with Bank of America, too. Might be time to register a complaint or two with whoever is supposed to be overseeing that sort of thing?
google “loan verificationâ€. Lot to read but under various USc stuff you can demand loan verification which means they have to supply a copy of the original note. Often the first step in Identity Theft cases.
“Exactly! Step one of any foreclosure process is to prove you have the authority to foreclose.”
Does that mean that they must include a copy of the note with the foreclosure papers?
Class Action? Tag Team them?
Well, that's why they call it "real estate." It means "property of the Crown."
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