Was the mortgage document a fraud?
4 attorney answers
If the bank's attorney would not let you see the original note before entering it into evidence, you may have grounds to appeal this judgment. Production of the original note to the court is required, and introduction of the original note into evidence requires that the bank's attorney show the homeowner the document, review it, and challenge its authenticity. Of equal importance is whether the bank submitted sufficient evidence that it properly held the original note when it filed the foreclosure action (whether it had standing) and whether you were given an opportunity to challenge this standing evidence. The Florida rules allow a foreclosure defendant to file a motion for rehearing/reconsideration or an appeal up to 30 days after entry of the judgment. If you would like a more complete evaluation of your options and rights, you should immediately contact a real estate attorney or banking attorney.
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I agree with my colleagues. It is difficult or impossible to tell without looking at the documents and understanding significantly more detail about what the hearing was as well as the reasons behind the Opposing Attorney withholding that information. Seek an attorney to take a look at this with you.
Fraud generally requires proof and an understanding of who has to prove what. I assume they offered a copy of the note, or at least its terms, in the original suit. You can raise a defense of fraud if you have enough evidence. I can't imagine why they would not let you see it, and through a discovery request, you would be entitled to get a copy of it. Whether it's fraud or not depends on what the document shows.
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