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Tuesday, May 24, 2011

You or Someone You Know Fighting Foreclosure

To win, you don't really need to know much at all!

Here's an example dear to the hearts of many of you. A bank brings a foreclosure action. What is the law of the case? There are really only a few laws that control the outcome? And, you certainly don't need to go to law school to learn all the law there is to know about notes and mortgages.


1. Does plaintiff own and hold the promissory note?
2. Are payments on the note current?
3. Are other conditions of the note satisfied?
4. Is the note secured by a valid mortgage?
5. Does plaintiff own and hold the mortgage?
6. Are all signatures on the documents genuine?
7. Has plaintiff satisfied all conditions precedent?

That's about it. There may be a few issues of law that vary from one case to another, but these are common to all foreclosures - and they can be determined in about an hour or two of online legal research thanks to the internet!

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