B of A refuses to show me the original Mortage Note that I signed. Can I claim fraud because they are not the real owners of the note and are charging me mortgage payments?
Asked on 2/09/11, 8:14 am
2 Answers from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
The answer is no. This is not a novel defense to foreclosure; it has been tried over and over and it doesn't work. In California, a foreclosing lender does not need to produce the original note.
Answered on 2/09/11, 8:25 am
A note is merely evidence of a debt. It is not a magic amulet without which the lender has no right to repayment. If necessary the lender can prove the debt in several dozen other ways, the simplest being a copy of the note along with evidence that they have made a reasonable and diligent search for the original and it has been lost.
Answered on 2/09/11, 10:15 am
