Bankruptcy / Mortgage question:
I am current on my mortgage
I want to declare bankruptcy to eliminate my mortgage debt - all of it
I have a MERS mortgage
If i declare bankruptcy will the court order the creditor to produce the original signed note as standard proceedure for determining "legit debts"
and if said note is indeed produced
WHAT DO I HAVE TO LOSE?
2 Answers from Attorneys
You have already received two answers to this question.
When I answered this question the first time you posted it, I told you that courts generally do not accept this argument. The court generally not require the creditor to produce the original note and certainly not without a lawsuit. What do you have to lose? A lot of time, energy and legal fees. You are free to go about tilting at windmills, but these types of lawsuits are almost always a waste of time and thet don't belong in the bankruptcy court.
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