AFFIRMATIVE DEFENSES TO FORECLOSING PARTY’S CLAIM OF “LOST NOTE” A common thread which is emerging in foreclosure cases is the claim of the plaintiff (a/k/a the “foreclosing party”) that they have “lost the note and/or mortgage”. In such a case, the foreclosing party may file a Affidavit as to the lost note and mortgage in […]

Tags: affirmative defenses to foreclosure, foreclosure defense, foreclosure offense, lost note
Posted in Eviction |

I found an excellent article by an excellent writer I would like to share with you. It underscores the importance of the requiring the lender to prove the original note, the ownership of the note and mortgage and the alleged non-payment. There is much more. If you are involved in a foreclosure or you are […]

Tags: affirmative defenses, affirmative defenses to foreclosure, discovery, foreclosure defense, original note
Posted in Eviction |