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flyforfun

Beach Fanatic
Oct 20, 2006
311
39
Birmingham, Al
Just read this short article ... wondering if any locals have tried this route ....


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Some homeowners are stalling foreclosure with a seemingly simple request: asking their lender to produce the original mortgage paperwork. During the real estate boom, many mortgages were sold and resold, bundled into securities and peddled to investors - often leaving the original note signed by the homeowner lost, stored in a distant warehouse or even destroyed.

Read the full story:

http://www.floridarealtors.org/NewsAndEvents/n2-021809.cfm


Here is another link to this strategy:

http://www.consumerwarningnetwork.com/2008/06/19/produce-the-note-how-to/
 

gardening1970

Beach Fanatic
Jan 8, 2006
459
62
53
Atlanta
Mortgages are recorded but Notes are not. Assignments are sometimes lost prior to recording. In GA, we have a relatively new law that says a lender may not proceed with a foreclosure if all assignments leading to its owenrship of the note have not been recorded. There may be a chain of assignments in some instances, and proper execution and recordation by lenders has been sloppy in the last few years.
 
Mortgages are recorded but Notes are not. Assignments are sometimes lost prior to recording. In GA, we have a relatively new law that says a lender may not proceed with a foreclosure if all assignments leading to its owenrship of the note have not been recorded. There may be a chain of assignments in some instances, and proper execution and recordation by lenders has been sloppy in the last few years.

You brought up a good point that I'm just learning about. SmilingJoe has a current Thread in here about Government Loop Hole and Doc. Stamps. It sounds like Florida Statute would mandate the payment of Doc. Stamps on every assignment of mortgage under the security and consideration definitions.
 
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