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Originally Posted by dashboy
How the hell can it be claimed you never signed a note in your affidavit then turn around and counter claim upon breach of contract. Your claim of breach on their part, implies you went to them for a loan and placed your signature on a note.
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The Deed of trust is the contract that they breached as well.
The DOT says that the Note, (read: not a copy) evidences the debt.
If they try to foreclose with a copy, that is a breach of agreement re the Deed of trust that they presented.
Mortgage companies register the Deed, so a certified copy of the deed is allowable, but they never register the note, thus the original has to be produced when demanded.