Legal Question in Bankruptcy in California

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?

Asked on 11/06/13, 1:02 pm

2 Answers from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman
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11/06/13, 1:54 pm
Carl Starrett Law Offices of Carl H. Starrett II
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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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11/07/13, 9:10 am

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