Bank lost original mortgage note, but the mortgage is recorded in official records. Can the bank re-establish the note? Can a foreclosure proceed with or without the bank note?

The mortgage/deed of trust is the only document recorded not the note.

It sounds like you are trying to stall a foreclosure?

If so, make them produce the note, but know that a certified copy will [likely] suffice as to proof.

I received a lis pendens in which I am listed as a defendant. It seems the attorney did sloppy research because his information is inaccuate. I sold my home to a lady in 2001. She refinanced for a new mortgage on 2007. This lis pendens states that in 2007 I "executed & delivered" a warranty deed to her. I have not signed anything since 2001.
Since she has recently missed payments. The bank wants to forclose on her, but there are issues. Count 1 asks for reformation of deed. The new legal descrip. Does not match the deed I signed in 2001. Not sure what she has done to change the legal in the last 8 years, but my deed is good. Count 2 requests permission to forclose. Now I have a court case in my name for mortgage foreclosure. I do not even own the house! Count 3 asks for re-establishment of the note. It seems the bank does not have the original note the lady when she refinanced in 2007.

I must say I am very angry. None of this has anything to do with me. I have missed work the last week to research this.

Her title policy from her refinance should be the one defending the deed and the legal descrip. Problem. But folks in foreclosure really don't care anymore and are unresponsive. My title policy won't defend me because my title is good and I was not the last buyer.

I can't afford to hire an attorney to defend me in issues that do not even belong to me. What should I do? Even when this is all settled, is the mortgage foreclosure in my name going to show up forever in my credit report?

Any advice is appreciated.

The mortgage/deed of trust is the only document recorded not the note.

It sounds like you are trying to stall a foreclosure?

If so, make them produce the note, but know that a certified copy will [likely] suffice as to proof.

No, not trying to stall. Please read my lis pendens question. Thanks.

Kip I am new to this board so please bear with me.

Where do I find your lis pendens question?

Kip I am new to this board so please bear with me.

Where do I find your lis pendens question?


LOL. I am new too!
I didn't know how to reply so I just asked a new question in real estate law.
Just look for another message from kip1906.

I've merged your threads. In the future please reply in the box at the bottom marked "Quick Answer" or click on the "Go Advanced" option.

Thanks Lisa.

Wow you have a lot and I have to go now. So will write you upon my return.

I read on livinglies that it is established that in the state of Florida nobody can foreclose without the original loan documents signed in ink. Florida statute 90.953. Original note required.