If I declare bankruptcy in California, and I am current on my house payment, will the mortgage company be compelled to produce the note at the bankruptcy court; to prove i owe them money?
will a simple "he owes us money" be sufficient for the court ?
1 Answer from Attorneys
What are you trying to accomplish in the bankruptcy? Are you trying to reduce the amount owed or have the loan discharged in full while keeping the house?
If you are trying to obtain the note only, there are less "aggressive" means to accomplish that goal.
Bankruptcy is generally not the forum to litigate the legality of a loan. That is left for the state court system and very difficult to win.
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