What would be the course of action to ensure compliance of a request for a mortgage company to produce a promissory note?

UPDATED: Jun 2, 2009

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What would be the course of action to ensure compliance of a request for a mortgage company to produce a promissory note?

A Ca. mortgage company sent a notice of intent to foreclose. I requested for them to produce the promissory note that I signed with the bank of loan origination. They responded with “we are unable to comply with your request”. What steps can be taken to get them to comply?

Asked on June 2, 2009 under Real Estate Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I'm not sure why the promissory note itself is important, unless you believe there was something improper about it, or about how you ended up signing it.

In most states, opposing a foreclosure action in court is difficult, and limited to some very specific grounds.  The foreclosure is actually not an action on the promissory note, but on the mortgage, which is a separate document that creates the lender's interest in the land.

I'm not a California attorney, and the law and procedure of foreclosures varies somewhat, from state to state.  If you feel you have any reason for resisting the foreclosure, you should have a lawyer in your area review all of the facts of your case, including the "missing" promissory and the reasons you asked for it in the first place.  One place to find qualified counsel is our website, http://attorneypages.com

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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