Missing Loan Documents Stall Mortgage Foreclosure

Foreclosure is a legal proceeding taken against a mortgage borrower who stops making payments on their loan. Since the house that is purchased with a mortgage acts as collateral for the mortgage loan, it can be repossessed and sold by the lender should the borrower stop making payments.

As the foreclosure rate continues to set new highs, a little-noticed legal provision that requires bankers, if challenged, to prove they hold the original mortgage documents before getting possession has spawned a minor homeowner rebellion, alternately called "produce the note" or "show me the note".

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If you’ve fallen behind on your mortgage payments and a foreclosure sale is looming in the very near future, you might still be able to save your home. You can potentially file bankruptcy, apply for a loan modification or other workout option, or file suit against the foreclosing party (the "lender") to possibly stop the foreclosure entirely, or at least delay the process.

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Law360, Boston (April 9, 2019, 3:26 PM EDT) — A national mortgage. missing documents required for the loan modification review process.” Caliber has agreed to provide loan modification relief to.

SAMPLE REQUEST FOR PRODUCTION OF FORECLOSURE DOCUMENTS A Request for Production of Documents is an essential part of the overall discovery process that entitles you to copies of all the important documents in your case. By forcing the bank to prove they have the right to sue you AND complied with all of the legal requirements for handling and recording your loan, you’ll be in a much better.

My Mortgage Company Can’t Find the Loan Documents My question involves a mortgage in the state of: Colorado Possibly this is a common issue these days, I am not sure but most of mortgage closing papers are missing.

Bank of America Corp. said former workers who alleged the firm awarded bonuses for sending homeowners into foreclosure misrepresented. employees to stall mortgage-modification applications, lie to.

That is why if a document turns up missing in the loan file of a mortgage loan that is being processed for foreclosure, the servicer should immediately address the problem so that the mortgage loan stays as close to the intended schedule for foreclosure as possible, and that the missing document or other problem is dealt with promptly.