Our situation is a little bit different. We did offer to make a deal with our mortgage company but we have not been able to come to a satisfactory conclusion. My question is this:
We received a Summons from the Court here in West Palm Beach, Florida where they gave us 20 days to reply in writing. The reply meant giving them a reason why we cannot continue to pay our mortgage. Even though I replied within the time frame they indicated I later noticed that there were certain questions in the documents which I did not broach in my reply to the Court. I noticed the following statements from the Plaintiff, among others, which left me wondering:
8. ORIGINAL NOTE LOST: The original note has been lost and is not in the custody or control of Plaintiff. The note was continuously in possession and control of Plaintiff's assignees and predecessors from the date of its execution until the loss and has not been paid or otherwise satisfied, assigned or transferred. Plaintiff's assignees and predecessors were in possession of the instrument and entitled to enforce the note when the loss occurred.
9. NO TRANSFER: The loss of possession of the note was not the result of a transfer by the Plaintiff or its asignees and predecessors or a lawful seizure. Plaintiff cannot reasonably obtain possession of the note because its whereabouts cannot be determined.
A friend of mine who knows a little bit about these things advised me that in reference to the above, I ask the Court to DEMAND the original note from the plaintiff, AND IF IT CANNOT BE PRODUCED BY THE PLAINTIFF, request that the FORECLOSURE be DISMISSED.
My friend's opinion is, the fact they have admitted that they have "lost" the note is absolutely not true. He believes they assigned (sold) the note to another company. But if they did lose the "note" their professional credibility leaves much to be desired.
If it wasn't assigned to another company . . . why did the state in (9) above "transfer by the Plaintiff or its ASSIGNEES and predecessors"???????
My question is, should I write another letter to the Court asking the Court to DEMAND the original note from the plaintiff, and if it cannot be produced by the plaintiff, request that the foreclosure be dismissed??
I would really appreciate your advice on this.
Thanks a million.