+ Reply to Thread
Results 1 to 9 of 9
  1. #1
    pokergod is offline Junior Member
    Join Date
    Sep 2007
    Location
    AC/NJ
    Posts
    29

    Show me the original note or deed

    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
  2. #2
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,427
    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.
  3. #3
    bigarmin88 is offline Member
    Join Date
    Jun 2009
    Posts
    32
    Quote Originally Posted by pokergod View Post
    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.
  4. #4
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,427
    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.
  5. #5
    pokergod is offline Junior Member
    Join Date
    Sep 2007
    Location
    AC/NJ
    Posts
    29
    Hi

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

    Thanks

    pokergod
  6. #6
    FlyingRon is offline Senior Member
    Join Date
    Feb 2007
    Posts
    16,427
    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.
  7. #7
    JakeB is offline Member
    Join Date
    Feb 2008
    Posts
    272
    Quote Originally Posted by bigarmin88 View Post
    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.
  8. #8
    pokergod is offline Junior Member
    Join Date
    Sep 2007
    Location
    AC/NJ
    Posts
    29
    [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
  9. #9
    Zigner is offline Senior Member
    Join Date
    Jan 2005
    Location
    California
    Posts
    53,259
    [QUOTE=pokergod;2393916]
    Quote Originally Posted by FlyingRon View Post
    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

Similar Threads

  1. Show me the note question
    By SimpleMind in forum Mortgages, Refinancing & Foreclosure
    Replies: 1
    Last Post: 09-25-2011, 02:14 PM
  2. Tatics used to court to try not to prove the ORIGINAL NOTE?
    By arizona1912 in forum Consumer Contracts, Guarantees and Warranties
    Replies: 12
    Last Post: 10-27-2009, 03:21 PM
  3. Landlord refuses to show original utility bills
    By Silverkitten in forum Landlord / Tenant Issues
    Replies: 9
    Last Post: 03-06-2009, 12:53 AM
  4. Quit Claim Deed vs Original Deed
    By Natsha in forum Buying & Selling a Home
    Replies: 7
    Last Post: 06-30-2004, 10:56 AM
  5. Mortgagee can not find original note?! HELP!
    By Its2Die4 in forum Other Real Estate Law Questions
    Replies: 1
    Last Post: 06-07-2001, 04:09 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.