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If a lender has lost original mortgage documents, does this affect their ability to foreclose?

Bradenton, FL |

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".

Attorney Answers 1


  1. In many cases, the lender can foreclose even if ht has lost the original documents, it it can prove sufficient evidence to show that it is the owner, that it has the right to enforce the terms of the loan, and can provide sufficient background regarding the loss f the documents. Many judges in Florida are not very difficult with lenders when they make these allegations. Do not believe the "PRODUCE THE NOTE" stuff you are seeing in the media and on the Internet. In most cases, it will not do much for a foreclosure defendant, and unfortunately, it encourages people to think they have a "magic bullet" when they do not. The only way to affect a lender's ability to foreclose is to wage a full and legally sufficient defense to foreclosure. Many people in foreclosure have defenses they do not realize they have. A QUALIFED foreclosure defense attorney will analyze your entire loan scenario t see what sort of defenses can be raised, and then raise them competently. This is not possible for people to do themselves.

    Please check the web site of the National Association of Consumer Advocates, www.naca.net - there is an Attorney8 Locator link there that should help you to find someone qualified in your area.