Can I sue my mortgage for foreclosure fraud if they can’t produce the original mortgage note that was signed in ink?

If so, is it possible to have the house awarded to me all debt cleared? If not, what would award me the house?

Asked on May 21, 2012 under Real Estate Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortuantely for you it is not so simple.  Having the original note is very important as you know, especially in foreclosure actions becuase the person who holds the original is the only person that has the right to foreclose.  If they do not have it then it s a defense for the homeowner to the foreclosure action.  But the lendler may be able to overcome the issue depending on your state's Uniform Commercial Code which governs commercial transactions.  Please seek help here.  Good luck.


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