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Can Banks keep a cancelled loan, signed, notarized 1st trust deeds?

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PeregrineFalcon

Junior Member
Can a Bank keep the original, signed, notarized 1st TD from a cancelled loan?

What is the name of your state? CA

We recently applied for a Refinance loan with a new bank. It was approved, but then subsequently cancelled within the three day cancellation period due to personal reasons. The bank will not return to us the notarized, signed Trust Deed that was executed by us, as per my request. It was a 1st TD. They state that they are required to keep it for their records. They will not give me a notarized copy of the original that has marked/stamped cancelled/void either. Is this legal? It is, after all, still a viable document for all intents and purposes is it not? I Would welcome any input on this matter.
PeregrineFalcon
 
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HomeGuru

Senior Member
PeregrineFalcon said:
What is the name of your state?What is the name of your state? CA

We recently applied for a Refinance loan with a new bank. It was approved, but then subsequently cancelled within the three day cancellation period due to personal reasons. The bank will not return to us the notarized, signed Trust Deed that was executed by us, as per my request. It was a 1st TD. They state that they are required to keep it for their records. They will not give me a notarized copy of the original that has marked/stamped cancelled/void either. Is this legal? It is, after all, still a viable document for all intents and purposes is it not? I Would welcome any input on this matter.
PeregrineFalcon

**A: the bank is telling you crap. They can very well keep a copy and return the original.
 

PeregrineFalcon

Junior Member
Criminal Charges warranted?

State-CA
If I suspect fraud, (and I have reason too) would I be warranted in filing criminal charges against the bank? If so, where? The bank and the location of the document is in one county and the signing took place in another. Which county would have jurisdiction?
 

HomeGuru

Senior Member
PeregrineFalcon said:
State-CA
If I suspect fraud, (and I have reason too) would I be warranted in filing criminal charges against the bank? If so, where? The bank and the location of the document is in one county and the signing took place in another. Which county would have jurisdiction?

**A: do some research on the bank and who regulates it. If it is under federal regulation then you can sue in state or federal court. The county location does not matter in civil state court.
 

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