Legal Question in Real Estate Law in California

Re: Can I have missing notes dismissed from total morgage due?

Is there a deed of trust associated with this loan? Or a mortgage or some other recorded intrument? This would be usual. While notes themselves aren't placed on the public record, the security instrument (deed of trust or mortgage) should be and almost always is recorded in the county where the property is located, and would show the total amount due.

In either case, if the amount in dispute is large enough to warrant, I can see this dispute ending up before a judge, either based on your suit for fraudulent alteration of the notes or the lender's suit for full payment or judicial foreclosure (or, if there is a deed of trust, you may be facing a default notice and foreclosure by trustee's sale).

Other than the hope that there is one (or maybe more than one) recorded instrument that would be proof of the amount lent, this looks like a dispute that should be handled through mediation under the guidance of attorneys for both parties who have experience in real estate finance.