I have asked the lender to produce the original note. Can they still foreclose?
This is becoming a popular practice for delaying a foreclosure. Although it MAY be useful as a delaying tactic it will likely not result in eliminating the debt. The idea was that these loans were sold so quickly and the document tracking was so poor that the original note was lost, and that without it the lender would have no proof of the loan. The truth is that a lender can simply file an Affidavit of Lost Original and it would be up to the homeowner to prove that the loan was paid off in order to stop the foreclosure.
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