Legal Question in Real Estate Law in Florida
If my bank has lost the Promissory Note for a piece of property that I own, am I still responsible for the mortgage? A real estate forensic auditor told me that I could have the mortgage cancelled if they do not have ownership of the original Note. (I assume they have a copy.) I am current the payments.
Thank you,
Cara
Asked on 7/26/10, 6:53 am
2 Answers from Attorneys
Yes. They lose them all the time, and can still foreclosure.
Answered on 7/26/10, 10:20 am
Lesly Longa
Longa Law P.A.
That's going to depend on the Judge and doesn't happen that often. Florida Statutes 71.011 provides for the Reestablishment of papers, records, and files in limited circumstances. If you default, hire a good lawyer to fight this for you and don't take legal advice from someone who isn't an attorney. Regards,
Answered on 7/26/10, 10:31 am
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