Legal Question in Real Estate Law in Virginia
I own a house in Virginia. I recieved a Notice of Unavailabe Note. That the orginal note is unavailbe, lost or cannot be produced and that within 14 days a substuted trustee will be named in order to start forecloser proccedings. Can they do this? and is there any thing i can do?
1 Answer from Attorneys
Well, first of all, it would seem reasonable to establish whether or not you are currently behind in your mortgage payments . If so, you would appear well advised to arrange for a consultation with a lawyer knowledgeable and experienced in the area of forelosure as to whether the (alleged) unavailability of the original note for your property might provide you with some sort of defense to the pending foreclosure action that might (possibly) be worth your while to pursue.
(Frankly, I suspect the short answer is NO.)
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