When the Mortgage Lender Can’t Find Your Promissory Note
I get asked whether you get your house for free if the mortgage lender can’t find your promissory note. The answer to that is, except in some rare instance where other factors are involved, “No” because the lender can still show you accepted the money and it would be unfair for you to keep your house free and clear.
However, if the lender’s documentation is NOT in order, the standard foreclosure they attempt to force through the court system becomes more difficult and may be subject to dismissal.
This Foreclosure Defense form was used in cases where a lender filed and served a foreclosure complaint and there were grounds to dismiss. This Motion to Dismiss focused on the problem of the lender not being the proper holder of the promissory note and mortgage. Download here or click image below. Foreclosure Defense Forms – Motion to Dismiss