Wachovia Bank had the original mortgage on my home and it was transferred to Wells Fargo. My home had been in foreclosure for 2.5 years. My attorney started pressing Wells Fargo's attorneys for the original mortgage documents. They are unable to produced lost original promissory note. They have a motion in for relief happening at the end of the month. The questions is: Can they proceed without the promissory note or can I have the case dismissed? Response: If they cannot produce the original promissory note, the Mortgage Note, your Attorney should request that case be dismissed. Wells Fargo cannot foreclose without producing the original mortgage Note.
I need some clarification. If they have a copy of the promissory note can they make the copy a certified instrument and proceed forward?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).