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

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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

Answers:

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

Answered 12 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


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