Legal Question in Real Estate Law in Texas
Loan Documents
I'm a creditor in Texas. I have a real estate loan with properly filed deed of trust but I'm unable to locate any of the loan documents, no note, no nothing but the deed, not even a copy. Question: How does this effect my foreclosure ability and or rights
Asked on 7/01/09, 10:10 pm
1 Answer from Attorneys
Cheryl Rivera Smith
The Smith Law Firm
Re: Loan Documents
Your deed of trust would have been recorded in the official public records of that county. A certified copy will be as good as a new one. If you closed at a title company, they will have a copy of the note. Even if you don't locate the note, you should be able to foreclose.
Answered on 7/02/09, 7:18 am
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