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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114753
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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IF A BANK DOES NOT HAVE THE"NOTE" BUTCREATED ONE AND FILED A

Customer Question

IF A BANK DOES NOT HAVE THE"NOTE" BUTCREATED ONE AND FILED A LOST AFFIDAVIT, AND THROUGHOUT THE ENTIRE MATTER DID NOT FOLLOW BANKING PROTOCOL PROCEDURES DOES IT OWN THE MORTGAGE
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: VERMONT
JA: Has anything been filed or reported?
Customer: YES IT SUED ME FORE FORECLOSURE...WITH A MAKESHIFT COPY OF A NOTE ... THE FIRST PAGE OF THE SO CALLED NOTE..THEN ATTACHED PAGES FROM THE MORTGAGES AS IF IT WERE THE NOTE USING THE SIGNATURE PAGE FROM MY MORTGAGE. IT HAS POSTED MONIES TO WRONG ACCOUNTS, IT HAS NOT PROPERLY CREDITED ME FOR TAX ADJUSTMENT MONIES, HARASSED ME TO THE MAX, RUINED MY CREDIT...ALTERED AN EXISTING lOAN MODIFICATION AND IGNORED A SETTLEMENT...I FILED AN ANSWER STATING IT SUED ME WRONGFUL NOT ONCE BUT TWICE WITH THE NOTE...NOW IT IS TRYING TO GET ME TO ENTER TO A HARP DEAL...WHY SHOULD I BE PAYING THIS BANK IF IT DOES NOT HAVE THE NOTE...BTW IT CREATED ENDORSEMENTS WHICH WERE NOT ON RECORD WHEN IT SUED ME...ISN'T THIS WRONG!
JA: Anything else you want the lawyer to know before I connect you?
Customer: YES, I HAVE BEEN MAKING PAYMENTS UNDER A DEAL FOR THREE MONTHS...CALLED IN PAYMENT...AND AGAIN THE BANK SCREWED IT UP SO I HAD TO RE DO THE PAYMENT...WHY SHOULD I BE PAYING?? THE BANK HAS ADMITTED IT DOESN'T HAVE THE NOTE!!!!
Submitted: 6 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The mortgage contract and note are two separate documents the courts holds. So yes, if they still have the mortgage contract they can still own the mortgage and the courts hold if the note was lost they can still offer up chain of title of the mortgage and the mortgage contract to still enforce the mortgage. This has been the fight for years on foreclosures since banks and other service companies frequently lose the notes and they have to recreate them and courts have held that is legal and acceptable.
So, if they can still prove the mortgage contract, even without the note, they can still enforce the mortgage against you I am afraid.