My alleged noteholder submitted a note in blank as a part of their proof of claim; now, they submitted the same note, but they filled in their name on the blank line. How can this be? If it was endorsed in blank over 20 years ago, how can they say that the company 20 years ago endorsed it to them now? Can you go from endorsing a note in blank to just signing your name on the empty line? Wouldn't they have to add something to the note, stating how it became endorsed to them?
The short answer is yes, but you are being a little vague in the information you're giving. Notes can be transacted in this way.
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This is a portion of a complex situation, so you really need to retain the right type of attorney to represent you. Only a CA mortgage foreclosure defense and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation. You need to retain the best mortgage foreclosure defense and bankruptcy attorney you can afford. You should not be restricted by geographic factors. Pick the best lawyer you can find and remember one rule: a good lawyer is generally never cheap, and a cheap lawyer is generally never good so don't choose based on price. You should not be restricted by geographic factors. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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If you want to litigate the issue, you can file an Objection to the Proof of Claim. However, unless two creditors are fighting over the right to receive the payments, a "chain of title" legal fight may not result in any benefit to you based on the facts described. If two creditors are each claiming the right to receive the payments, you can ask the court or trustee to hold your payments until resolved.
If you are looking for a "silver bullet" to foreclosure...you have not found it, here. Understand that the obligation to pay on the note is not excused. Rather, focus your efforts on how, or if, you can feasibly solve the problem and avoid the involuntary sale of your home.
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