when served we were told that our note for our mortgage is lost/missing...now what

Asked by Kathryn, Valrico, FL Sun Apr 5, 2009

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5
..., , Lexington, MA
Tue Mar 2, 2010
I'm sorry to hear of your going through rough times.

Your question has received good answers - get a lawyer - this may actually help you.

Tom
Eagle Nationwide Mortgage Company Thomas.Stevens@ENMCdirect.com
0 votes
Donna Crane, , Valrico, FL
Tue Mar 2, 2010
Kathryn,
I actually attended a meeting last week that addressed this very issue. My advice, speak to a real estate attorney.
Sosa Law Office, (813-681-5640), is the attorney's office that held the meeting. I do not know what they can or cannot do for you, but maybe they can at least point you in the right direction.

Good luck.

Donna Crane, USAF Vet
Real Estate Professional
(813)516-3105
dcrane@prutropical.com
0 votes
Keith Manson-…, , Milwaukee, WI
Mon Apr 6, 2009
It is most likely that they lost the mortgage because the note would be recorded. The lender can still sue on the note but it is better to foreclose on the mortgage than the note. But this is the best time to see what you can negotiate with the bank via a modification for repayment plan to stay in the house.

Good luck!
0 votes
Ron Margolis, Agent, Lihue, HI
Sun Apr 5, 2009
Sounds like until the lender can produce the note, the lender cannot complete the foreclosure. Good luck in holding on to your home, if that is the end you are seeking.
0 votes
Chris Griffi…, Agent, Bonita Springs, FL
Sun Apr 5, 2009
This may be of interest to you if you're trying to reorganize your affairs in lieu of foreclosure. http://lifeinbonitasprings.com/facing-foreclosure-produce-th…
0 votes
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