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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116707
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a deed of trust against my home in Jefferson county

Customer Question

I have a deed of trust against my home in Jefferson county co. and a promissory note I signed for $51,000 to my ex-husband for the balance of what I owed on his buyout of the house. He is deceased. His children and I are closing on a piece of property from which I will pay the balanced owed to the estate. They are having a problem coming up with the original signed promissory note. Where do I stand with this, if they do not come up with the original note?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year 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.
If they do not have the original note and you decide to not pay, they theoretically cannot enforce that note against you. However, they have the deed of trust. If they produce the deed of trust they can enforce that deed of trust, even without the note and courts have been allowing banks to do this for years. They would not need to sign the release of the deed of trust either, so you would be essentially at a legal stalemate, since you do not have to pay if there is no note, but they do not have to release the deed until the debt is paid in full.
Also, they are going to have issues if they cannot find the original trust and will as well, since copies cannot be enforced in court.