Missing Loan Documents Stall Mortgage Foreclosure

If a lender has lost original mortgage documents, does this affect their ability to foreclose? I live in Florida, have received a summons to foreclose in which lender admits losing documents, but intends to pursue "as if they had them".

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Two documents are critical to a residential lending relationship, and therefore to foreclosure on a defaulting borrower’s loan: the note and the mortgage (or deed of trust). The note identifies the amount of the loan, and the repayment terms. The mortgage provides security for the loan.

Foreclosure is a legal process wherein a bank or financial institution is seeking to recoup it’s investment made to a.

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When you took out your loan, you signed both a mortgage (or deed of trust) and a promissory note. Homebuyers sometimes think of the mortgage (or deed of trust) as the contract they are signing with the bank to borrow money to purchase a house, but it is the promissory note that contains the promise to repay the amount borrowed.

Mortgage foreclosure practices are also the focus of suits brought by certain state. Two documents are critical to a residential lending relationship, and. causing delay and expense for foreclosing parties, burdening courts.

But then she made a seemingly simple request of the bank: Show me the original mortgage paperwork. And just like that, the foreclosure proceedings. establish they are the holder of a loan. Still,

Specifically, CBS MoneyWatch explained, Schneiderman claimed the banks failed to acknowledge receipt of loan modification applications within three business days, did not tell homeowners they were.

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Foreclosure lawyers and specialists can also usually take the case from you for a flat fee that could equal just one or two months’ of your monthly mortgage payments, and not only can they help delay or stop the foreclosure filing, they can also just help you avoid the legal pitfalls that homeowners can fall into when trying to represent themselves through the process.

Home » Newsletters » december newsletter covers New CFPB Rules on Force-Placed. thus defined in Regulation X to mean “hazard insurance obtained by a servicer on behalf of the owner or assignee of a mortgage loan that insures the property securing such loan.”. servicers are allowed to stall or halt the foreclosure process if delays.