Tuesday, July 12, 2011
Is is possible for a lender to pursue a foreclosure without the original deed?
Our home slipped into foreclosure in 2008. At first, the bank was gun ho on foreclosing and actually had 2 sales scheduled, both of which they dropped for some reasons. Then, they stopped trying to foreclosure shortly after we received a Motion stating that they could not produce the original mortgage note. Since 2009. its been back and forth with paperwork about different loan modification programs, none of which has worked as of yet. We are still "working on it with the lender". It just seems to us that when they couldn't produce the original deed, they sort of realized that their only hope in obtaiing any mortgage payments was to get a modification by their company in the works so they could have original mortgage paperwork for themselves. Makes sense to us - how about you? If they can't work a deal with us for the modification and they still can't produce the original deed, what will happen? We can't afford legal services and are looking for anyone that has seen this scenario or been in something similar or is in the legal field and can offer some insight. Thank you so much! We are of course in Florida, the Foreclosure State!
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