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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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My bank has been unable to produce my note. I filed for BK and put the home in my BK as a

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My bank has been unable to produce my note. I filed for BK and put the home in my BK as a dischargeable debt. What happens if they can't find the note? It's been 90 days and I haven't heard a thing......By the way my loan was sold over 7 times in 6 years
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.
Hello,

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

You will want to file a quiet title action on your property. A quiet title action can be used to compel the bank to produce the note and thus prove that it is a holder in due course. If the bank is unable to prove it is a holder in due course in a timely manner, the quiet title action allows you to avoid the mortgage on the property. Thus if you prevail, you would own the property free and clear.
Customer: replied 6 years ago.

Is there a time frame before I can file quiet title? If they have taken this long to even serve a notice of their intentions. What is defined as a timely manner?

Expert:  Ellen replied 6 years ago.
you can file a quiet title action at any time. A timely manner will be defined by when you file a complaint and have it served. Typically it will be 25 days from date of service
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