The note attached to a foreclosure summons was NOT endorsed. An interrogatory answer stated the note was a copy of the ORIGINAL.

Asked almost 2 years ago - Orlando, FL

A highly respected and experienced COURT APPROVED forensic document examiner (after examining the file in court) confirmed in an affidavit that the "Original Note" (filed three and a half years after issuance of summons) has an endorsement, hand stamped without a written signature by a VP of a bank that was closed by the Office of Thrift Supervision, subsequently incorporated into the Office of the Controller of the Currency (eight months prior to issuance of summons), and differed in other respects to a copy of the first appearance of "THE ENDORSED NOTE", filed when the original plaintiff sold out to a second bank (two and a half years after issuance of summons). Could this be a case that fraudulent documents were filed in court, and also a serious case of Fraud on the Court?

Attorney answers (2)

  1. Barbara Billiot Stage


    Contributor Level 20


    Lawyers agree


    Answered . Without seeing the notes an attorney cannot give you a definitive answer by posting on a message board. You should hire a mortgage foreclosure defense attorney to ensure that any possible defenses you have, including fraud on the court, are addressed.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult... more
  2. Joshua Eli Adams

    Contributor Level 14


    Lawyers agree

    Answered . Could be, but I can't tell that from what you have written. In order to foreclose, the plaintiff is going to have to show that it (or the original plaintiff) held the valid not at the time the complaint was filed. That might be an issue. It sounds like they have the beneficial interest in the note now, but did they when the case was filed? I hope you have an attorney on the case.

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