Is it really possible to sue the bank to make them produce the original note to stop a non-judicial foreclosure in California?

Asked about 5 years ago - Lafayette, CA

My house which is located in Contra Costa County is in foreclosure. There is a trustee sale date approaching, and I'm interested in using the strategy of suing the bank to make them produce the original note to stop and delay the foreclosure further in hopes of forcing the bank to negotiate with me on the terms and balance of the loan. I'd like to know if it's truely possible to get a judge to stop the foreclosure until the bank can produce the note?

Attorney answers (1)

  1. Lance E. Olsen

    Contributor Level 7

    Answered . Although the party foreclosing the obligation must have authority to enforce that obligation, either by being the holder of the note or entitled to hold the note, there is no specific requirement that a foreclosing party produce the original note as a precondition to foreclosure.

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