Real Estate Law
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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?