Legal Question in Real Estate Law in Florida

Foreclose 2nd Mortgage with no Loan Documents
Assignee of the second mortgage is asking for judgement for foreclosure. They are asking to reestablish Loan Documents and Note because they cannot locate them. This Mortgage is dated January 1999. The original Mortgage Holder recorded the mortgage but not the note. The assignment is recorded but the person that signed the assignment representing the original mortgage holder actually works for the assignee. THe mortgage does not show the interest rate but it does show the date of last payment. I believe that they never received original documents because the copy of the mortgage that they attached in the motion for judgement was stamped by a mortgage information service. I also believe that the origianl mortgage holder did not sign the assignment. The assignee is an LLC. Do I have any recourse? Hearing is 4/8/2005.

Asked on 3/31/05, 5:30 pm

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

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Re: Foreclose 2nd Mortgage with no Loan Documents

Based only upon your statement of facts and nothing aditional, it seems you have little , if any, recourse.

Answered on 3/31/05, 7:02 pm

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