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


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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Answered on 11/06/13, 1:54 pm

Carl Starrett Law Offices of Carl H. Starrett II

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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Answered on 11/07/13, 9:10 am

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