Is the plaintiff required to produce original or copied loan documents to win a foreclosure suit?

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Is the plaintiff required to produce original or copied loan documents to win a foreclosure suit?

I have a condo in foreclosure. The case is going to a non-jury trial. The Federal Mortgage Association does not have a copy or original loan paperwork. I’m not sure what the right question is so please help if I am not asking it correctly. Does they have to produce evidence that there is a debt to be paid (the loan papers) to get a judgement?

Asked on July 21, 2011 Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In some courts a certified copy of the recorded document may be all that is required to be poduced at trial which is the basis for the plaintiff's claim to foreclose upon your home, in others the original document must be produced.

What you seem to be asking about is for the plaintiff who presumably bought your loan can actually produce documents showing that your specific loan was actually purchased in that many loans were part of a bundled package of hundreds purchased when the original inked documents are not available. As such, some entities who claim they bought a person's loan secured by their property have had a hard time proving that the loan was acturally purchased at trial.

Under the "best evidence rule" that most States use at trial, the original inked documents have to be produced at trial or certified copies of recorded documents produced by the plaintiff. If just plain copies are produced, an objection to the copies from being introduced into evidence should be made to preclude their introduction.

Good question.


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