Legal Question in Real Estate Law in Florida

Mortgage note missing

I received my summons that a lawsuit has been filed against me in the State of Florida. Section 8 says the Original Note was lost and not in custody or control of Plaintiff.

Is this necessary for them to have in order to go through with the forclosure proceeding? or can I fight this since the original note is missing?


Asked on 12/14/07, 10:43 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Mortgage note missing

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No, the lender does not have to have the original note in order to proceed. A copy is sufficient. Generally, the lenders will eventually locate the original and provide it to the court. The lack of the original being available is not a defense to a foreclosure.

Scott R. Jay, Esq.

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Answered on 12/14/07, 11:15 am


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