The Bank and the “Lost Promissory Note”: Can a Lender Foreclose on a Mortgage Without Presenting the Promissory Note?

In the last several years foreclosure litigation has boomed. An object of focus for many such property owners who find themselves in such a lawsuit has been to shift the burden to the Bank to “produce the note!” What happens if a Bank wants to foreclose on a mortgage and cannot find the underlying note that evidences the debt?Continue reading “The Bank and the “Lost Promissory Note”: Can a Lender Foreclose on a Mortgage Without Presenting the Promissory Note?”