Original Loan Docs Missing in Foreclosure

If a person mounts a legal foreclosure defense and the lender states in their filing that they do not have the original loan documents, can they still foreclose? If so, under what conditions? My husband said he was told that they can’t foreclose and the buyer ends up with the house.

Thanks so much. I discovered your site last year by accident, did a lot of reading once or twice, then just came back to it today. I really appreciate the range of information. Sometimes there are things that I had absolutely no knowledge about.

Gail

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Hi Gail,

Most likely, yes, the lender can still foreclose. You’d have to look to the laws specific to your state and your success might also be impacted by what was found through interrogatories and depositions in discovery.

Read: Lost or Destroyed Note

Thanks for the questions and hope this helps.

Paul

This author is not an attorney and this information should not be considered legal advice. Please consult an attorney for legal advice.