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Originally Posted by Livefire
You might also consider incorporating the Deutsche Bank case into your briefs. Judge Boyko dismissed their foreclosure cases against 14 homewoners because they couldnt/wouldnt produce the original notes in court.
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That is INCORRECT, as can be seen by reading just the first page of the six page decision:
http://www.ohnd.uscourts.gov/Clerk_s...forclosure.pdf
Judge Boyko would not let the foreclosures go forward because the lenders could not produce proper MORTGAGE ASSIGNMENT papers showing that the debts had been sold.
The assignment is actually a third document, totally separate from the note and the mortgage. After one lender sells the debt to another, the selling lender executes an Assignment to the other, and the purchasing lender, if its people know anything at all about real estate, will record the Assignment in the deed records for the county where the property is, same as the original mortgage. That way, when the property is sold or refinanced, the new lender can verify who the payoff should be sent to. Incidentally, Boyko's order notes that Ohio law requires that assignments of mortgages be recorded in order to be enforceable.
Judge Boyko NEVER demanded that the banks produce the original notes. Again, the Federal Rules of Evidence allow for photocopies to be introduced into evidence, and Boyko is a federal court judge.
If your sole argument against your house being foreclosed on is "they can't produce the original note", you might as well start packing your bags. I defy anyone to produce a case where a lender lost solely because the original note could not be found.