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If my mortgage holder can't produce a copy of the promissory note that I signed and dated, can they foreclose on my house ?

Round Lake Beach, IL |

I sent a notarized letter, certified mail to my bank. Asking them to produce for my inspection a copy of the promissory note I signed and dated,they didn't respond. 3 weeks later I called them and asked them to fax it to me, they said they would. It's been almost 2 weeks now and they still haven't sent it ! What should be my next step ?

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Attorney answers 1


During the foreclosure you can request the documents during discovery. You can also go to the county recorder and see if the document is available. Banks have worked most of the problems producing the mortgage documents.
Unfortunately, in the small space provided for questions one is unable to get a full background of the matter. In the situations such as you are explaining you should immediately seek the counsel of a capable attorney that practices in this area of law or if you cannot afford an attorney, you should seek a social service organization in your area. This answer is general in nature and does not form an attorney client relationship. If you would like to get more information on this topic or to establish an attorney client relationship please contacts my office.
This may be deemed an advertisement and as such: information contained within this answer has been approved by Bradley L. Schencker, a licensed attorney to practice law in the State of Illinois, for any questions contact Bradley L. Schencker by the methods provided herein.
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