Lender, Who Is Foreclosing, Lost Paperwork!

Hello,

I am sending this as directed from your website. I have been served foreclosure documents (lawsuit) from my lender. They admit in the lawsuit that they have lost the original docuents "but expect to recover them". I understand that what usually has happened is that the docuemnts were not properly filed with a trust as required by The Securities Act and other mortgage lending laws.I also understand that if I allow this foreclosure to proceed, I may find yet another creditor on my doorstep demanding payment as the current plaintiff may not be the correct plaintiff in this case.I'm not denying that I have a mortgage, just want to make sure the plaintiff is indeed the plaintiff.What law, Securities Act section or other case law can I refer to in my response to the court? Thank you for your assistance.

Doug

Hi Doug,

This is a case where contacting an attorney may prove invaluable; particularly an attorney that is specializing in "loss mitigation" or "loan modifications". You can listen to your talk radio or simply google: "attorney, loss mitigation, Los Angeles (or wherever you live). Given that they cannot locate the documents, you may have the upper hand. An attorney can make the most of this error. Also, you generally do not have to pay for many of these loss mitigation services up front, but rather when they are settled. Attorney's however, may require a "retainer" to start negotiating. The Esq. following the attorney's name carries a lot of weight and may be worth the upfront investment.

MortgageMaster