Legal Question in Real Estate Law in Florida

I have been served a summons to forclose on my house. In count 1 the plaintiff states it cannot produce the original promissory note, plaintiff states it cannot obtain original promissory note because its whereabouts are uknown. Do they have to produce this/can we force them to produce it?


Asked on 2/28/10, 1:21 pm

2 Answers from Attorneys

Richard Weldon Weldon & Rothman, PL

Typically, there are certainly defenses that can be raised based on this type of allegation. It is very common for a lender to try to Re-Establish a lost note, however, Florida Statutes requires a siginficant showing by the lender that they truly own and have the right to Re-Establish the lost note. Our office is very experienced and up to date on the latest case law on this very issue. I would encourage you to contact our office for a consultation so that we can obtain additional background information concerning the property and loan, and so that we can review the complaint and attached exhibits for an assessment of all of your possible legal defenses. We do charge a small consultation fee for our time, but you will certainly obtain a lot of information from our consultation. Our office number is 239-262-2141.

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Answered on 3/05/10, 2:34 pm
Lesly Longa Longa Law P.A.

Yes! There are also defenses that you have to plead in your answer if they are available to you. So, I recommend you speak with an attorney right away. I handle foreclosure defense cases and will be happy to speak with you about your case. Please call me for a free consultation - Toll Free: 866-225-4214. Don't forget you have just 20 days to file an answer. Best regards,

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Answered on 3/06/10, 9:40 am


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