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Does the Foreclosing Party Need the Original Deed of Trust to Proceed

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  • 03-20-2014, 01:12 AM
    rangergts
    Does the Foreclosing Party Need the Original Deed of Trust to Proceed
    My question involves a mortgage in the state of: WA

    So I'm facing foreclosure next month. From what I understand the holder of the mortgage has to have the original wet ink copy of the Deed of Trust in possession to enforced the Deed and to foreclose. I requested a copy of the deed and it appears not to be a copy of the original. The back page where I signed appears to be the same but the first page where my name appears it shows my first name being Geoff. My legal name is Geoffrey and when I originally signed the DOT they had me cross out Geoff, write in Geoffrey and had me initial it. The copy the bank sent does not have this.

    Would this be a case where I could challenge the DOT and being they clearly don't have the entire original but rather only a copy of the original last page I could make them stop the foreclosure process and not have to pay the mortgage back?
  • 03-20-2014, 05:48 AM
    Mr. Knowitall
    Re: Does the Foreclosing Party Need the Original Deed of Trust to Proceed
    By "back page" you mean the reverse side of a one-page document? If so, if they have the "back page" they have the front page as well.
  • 03-20-2014, 10:09 AM
    flyingron
    Re: Does the Foreclosing Party Need the Original Deed of Trust to Proceed
    Further, the ORIGINAL is probably recorded so it's unlikely your'e going to get too far on this tactic.
    If somehow the copy they produced in the court papers was miscopied, all they need to do is return to the courthouse and get a proper copy.
  • 03-20-2014, 03:35 PM
    rangergts
    Re: Does the Foreclosing Party Need the Original Deed of Trust to Proceed
    I said back page meaning the 11th page of an 11page single sided document.

    From what I understand they have to retain the original copy on file. Is this not the case?
  • 03-21-2014, 09:02 AM
    flyingron
    Re: Does the Foreclosing Party Need the Original Deed of Trust to Proceed
    It is NOT the case. Once it's recorded the county can make as many TRUE COPIES as necessary.
  • 04-23-2014, 12:01 AM
    rangergts
    Re: Does the Foreclosing Party Need the Original Deed of Trust to Proceed
    What do you mean by TRUE COPIES? In the one they sent me they clearly just took a copy of the original back page with my signature on it and put it with a new first few pages that aren't actual copies of the original. So to me this would not be a "true copy."
  • 04-23-2014, 07:53 AM
    flyingron
    Re: Does the Foreclosing Party Need the Original Deed of Trust to Proceed
    What they gave you is IMMATERIAL. If push comes to shove and they go to court and the deed is recorded they just go to the courthouse, pay the $10 or whatever they want and get the whole document usually embossed or stamped somehow by the court house to indicate this is an accurate reproduction of the recorded instrument.

    It's not clear what you are attempting to gain with this line. If the instrument is recorded, it's trivial to produce when it matters. Your statement about "wet ink" copies is wrong.
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