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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110376
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Another one for you - after THREE YEARS of demanding to see

Resolved Question:

Another one for you - after THREE YEARS of demanding to see it, the law firm representing the party claiming to foreclose says they have the original note for my inspection. However, it's at their office in Little Rock, which isXXXXXaway. The law firm has an office in Fayetteville, which is 20 minutes away. Is there anything legally I can do to demand they bring it to Fayetteville?
Submitted: 3 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your new question.

YES, you have a right to file a motion to compel the firm to bring it to the local office based on the fact that they are intentionally creating an inconvenience by deliberately bringing it to an office they know is purposely out of your way.

You would ask first in a letter telling them that it is your good faith effort to negotiate the discovery issue and ask them to allow inspection in the closer office or you will have to file a motion to compel because of their continued refusal to produce the note for the last 3 years and now intentionally creating a significant inconvenience to view the note.

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Customer: replied 3 years ago.
And therein lies the rub - this is a non-judicial state so there is no court case to file in. Do I have any option?
I will send the letter certified mail today.
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your reply.

You have to file suit against them for wrongful foreclosure in order to force them to produce the original note to a court to prove they even have the right to foreclose I am afraid. If not, you can only ask them to send it to their local office for you to view and if they refuse your options are to go to Little Rock or file suit for the wrongful foreclosure and get the court to force them to produce it.
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