Lost note- ownership - Loan Modification Forum

titantic · 07-20-2009, 10:00 AM

We have been servered with inital lawsuit- since we have no idea who owns our loan we want to be sure who owns it so it does not come back to bite us. I filed a request for production of the note... their response was they object as it would be improper to release the control of the original document to any of the defendents. Although in the lawsuit they filed to court they admit they have lost the note.

so here is my question:

according to their response I assume they have the original and just do not wish to produce it. The sent us a copy that was missing signatures-no seals etc also not sure why the original note holder is named as a defendent with us.

So their claim in the lawsuit that they have lost the note must be a false statement to the court correct? If they in fact have the note then why falsey claim you do not have it and then claim you have it but wont allow us to examine it or produce it to the court... this is how the entire loan has gone- we entered into an agrement with the service provider to modify the loan last year- paid 8 k up front- they never modified and said they sold to another servicing provider- new provide modified loan cost us 3k to modify- recieve final paperwork middle of may- then recieved notice of forclosure in June- we just want this thing settled... help or advice...

Moe Bedard · 07-20-2009, 10:58 AM

FYI - Mr. Rosenach should be in shortly to answer your question.

titantic · 07-21-2009, 11:09 AM

is he back in

titantic · 07-21-2009, 11:11 AM

okay where is he...

Marshall Rosenbach Esq. · 07-23-2009, 10:03 AM

Titanic - I am sorry I had a trial on Monday in Los Angeles so I was away from my office. It sounds like you have many issues. Did you file an Answer? Did you file a Counterclaim? I would need to see what their specific objection is before I can advise you. But if you think their objection to your request for objection is unfounded, then you need to file a motion to compel and set it for a hearing before the judge. Then you will need a proposed order to give to the judge for his signature. But it's too hard to give you an opinion without seeing the documents. If they induced you to pay $8k (or $3k) based on misrepresentations, you may have a fraud claim. Of course, I am not saying that you do have a fraud claim but it is something that should be explored. IF you have one, it makes sense to file a countersuit.

07-20-2009, 10:00 AM	#1 (permalink)
titantic Member Join Date: Oct 2008 Posts: 10 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Lost note- ownership We have been servered with inital lawsuit- since we have no idea who owns our loan we want to be sure who owns it so it does not come back to bite us. I filed a request for production of the note... their response was they object as it would be improper to release the control of the original document to any of the defendents. Although in the lawsuit they filed to court they admit they have lost the note. so here is my question: according to their response I assume they have the original and just do not wish to produce it. The sent us a copy that was missing signatures-no seals etc also not sure why the original note holder is named as a defendent with us. So their claim in the lawsuit that they have lost the note must be a false statement to the court correct? If they in fact have the note then why falsey claim you do not have it and then claim you have it but wont allow us to examine it or produce it to the court... this is how the entire loan has gone- we entered into an agrement with the service provider to modify the loan last year- paid 8 k up front- they never modified and said they sold to another servicing provider- new provide modified loan cost us 3k to modify- recieve final paperwork middle of may- then recieved notice of forclosure in June- we just want this thing settled... help or advice...

07-20-2009, 10:58 AM	#2 (permalink)
Moe Bedard Founder Join Date: Aug 2007 Location: Southern California Posts: 16,887 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Lost note- ownership FYI - Mr. Rosenach should be in shortly to answer your question. __________________ Moe Bedard Founder LoanSafe.org "America's #1 Home Loan Forum" LoanWorkout.org "America's # Loan Modification Blog" Get My FREE Loan Modification E-Book \| Please donate to LoanSafe.org \| Loan Modification Training For Attorneys \| Rate Your Mortgage Servicer The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here.

07-21-2009, 11:09 AM	#3 (permalink)
titantic Member Join Date: Oct 2008 Posts: 10 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Lost note- ownership is he back in

07-21-2009, 11:11 AM	#4 (permalink)
titantic Member Join Date: Oct 2008 Posts: 10 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Lost note- ownership okay where is he...

07-23-2009, 10:03 AM	#5 (permalink)
Marshall Rosenbach Esq. Real Estate & Mortgage Law Attorney Join Date: Jan 2008 Posts: 88 Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0	Re: Lost note- ownership Titanic - I am sorry I had a trial on Monday in Los Angeles so I was away from my office. It sounds like you have many issues. Did you file an Answer? Did you file a Counterclaim? I would need to see what their specific objection is before I can advise you. But if you think their objection to your request for objection is unfounded, then you need to file a motion to compel and set it for a hearing before the judge. Then you will need a proposed order to give to the judge for his signature. But it's too hard to give you an opinion without seeing the documents. If they induced you to pay $8k (or $3k) based on misrepresentations, you may have a fraud claim. Of course, I am not saying that you do have a fraud claim but it is something that should be explored. IF you have one, it makes sense to file a countersuit. __________________ Law Offices of Marshall E. Rosenbach Please call me anytime at (561) 627-8990 www.FloridaLoanLaw.com The comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Licensed to practice law in the states of California & Florida.

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