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.
Related Questions & Answers
Bankruptcy / Mortgage Question: I am current on my mortgage I want to declare... Asked 11/06/13, 11:06 am in United States California Bankruptcy Law
I recently filed an emergency chapter 7 bankruptcy to stop a lien sale on a storage... Asked 10/29/13, 10:56 am in United States California Bankruptcy Law