Show me the original note or deed

[pokergod]

What is the name of your state (only U.S. law)? NJ

I would like to get my loan servicer to provide me with the name of the investors also I want a copy of the original note.
I sent a letter to there main office asking for both? Do they have a legal obligation to honor my request?
Thanks in advance.

Pokergod

[FlyingRon]

The lender is under no obligation to show you any of these things. What "investors" are you talking about? Further the "servicer" isn't the best one to make the request to but the bank who holds the note.

As for deeds, they won't even have this information. You go down to the court house (or wherever land records are kept) and look them up yourself. You're best bet for speeding up the search is to bring a property tax bill with you. Things are sometimes indexed by tax map or other arcane things other than the street address.

[bigarmin88]

Originally Posted by pokergod

What is the name of your state (only U.S. law)? NJ

I would like to get my loan servicer to provide me with the name of the investors also I want a copy of the original note.
I sent a letter to there main office asking for both? Do they have a legal obligation to honor my request?
Thanks in advance.

Pokergod

Its called produce the note,if the leader doesnt have the original note,there out of gas.They cant show a copy either it has to be the original note you sign when you did your closing.Google it,there tons of info about it.

[FlyingRon]

I know what "produce the note" is but it means NOTHING until they want to foreclose on him. Then they will have to produce it in court.

However that's not what he asked. He asked the servicer to produce the note. They're not required to. He still has to make the payments he agreed to. They don't have to find the note until they show up in court on the foreclosure.

They never have to show the deed. That's his problem not the banks.

My answer stands. They are never obligated to give him a copy of the NOTE (other than the original at closing).
NEVER.

[pokergod]

Hi

I am trying to find out what bank holds the note. Why would the sevicer not provide me with that information?

Thanks

pokergod

[FlyingRon]

Well then why didn't you ask that question. That's different than providing you a copy of the note. The note will still be a contract between you and the original bank. Even if they were to produce it, you would learn nothing.

The holder of the note should be on your 1098, and I bet if you get computer statements every month it should be there too. If not, ask the servicer the question directly. Or dig through your records, you were informed every time the note was sold. Mine was sold twice before the first payment was even due.

[JakeB]

Originally Posted by bigarmin88

Its called produce the note,if the leader doesnt have the original note,there out of gas.They cant show a copy either it has to be the original note you sign when you did your closing.Google it,there tons of info about it.

That is a legal myth. The lender needs to prove the terms of the note, and the fact that it has the right to enforce the note. Producing the original is NOT necessary.

[pokergod]

[quote=FlyingRon;2393695]Well then why didn't you ask that question. That's different than providing you a copy of the note. The note will still be a contract between you and the original bank. Even if they were to produce it, you would learn nothing.

The holder of the note should be on your 1098, and I bet if you get computer statements every month it should be there too. If not, ask the servicer the question directly. Or dig through your records, you were informed every time the note was sold. Mine was sold twice before the first payment was even due.

FlyingRon, If they were to produce it, I would learn plenty.
I would learn who had the legal right to try to foreclose on my property.
I could also study case law involving them and there team of lawyers.
I requested the info from the servicer in writing and I am still awaiting there reply. That is the question that started this tread.
Let me rephrase the question.
Am I entitled to know the name of the bank or lending institutation that holds the original note/contract/ on my property? Is my loan service provider obligated to give me that information when I send them a written request?
Hope that helps.
Thanks to all in advance.
Pokergod

[Zigner]

[quote=pokergod;2393916]

Originally Posted by FlyingRon

Well then why didn't you ask that question. That's different than providing you a copy of the note. The note will still be a contract between you and the original bank. Even if they were to produce it, you would learn nothing.

The holder of the note should be on your 1098, and I bet if you get computer statements every month it should be there too. If not, ask the servicer the question directly. Or dig through your records, you were informed every time the note was sold. Mine was sold twice before the first payment was even due.

FlyingRon, If they were to produce it, I would learn plenty.
I would learn who had the legal right to try to foreclose on my property.
I could also study case law involving them and there team of lawyers.
I requested the info from the servicer in writing and I am still awaiting there reply. That is the question that started this tread.
Let me rephrase the question.
Am I entitled to know the name of the bank or lending institutation that holds the original note/contract/ on my property? Is my loan service provider obligated to give me that information when I send them a written request?
Hope that helps.
Thanks to all in advance.
Pokergod

See, the problem is that they already notified you. I don't see an obligation beyond the initial notification.

If you're being foreclosed on, I'll betcha you already know who is doing that