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Updated over 7 years ago on . Most recent reply

User Stats

362
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221
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Ray Slack
  • Investor
  • White Haven PA
221
Votes |
362
Posts

Help with buying Mortgage/note in Florida with LOST NOTE

Ray Slack
  • Investor
  • White Haven PA
Posted

I'm looking at buying a mortgage in Florida but the note is lost.  The seller will sign a lost note affidavit but not sure what good that is.   I know you used to be file a lost note affidavit and court would allow you to foreclosure but in my current research I have seen several appeal cases were the courts said the banks didn't have standing if they didn't have the original note. 

Anyway, I'm looking for advice.  Suggestions? ect.   Is it worthless if the borrowers decide not to pay?

THanks for any help.

Most Popular Reply

User Stats

486
Posts
214
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Roman M.
  • Investor
  • Miami Beach, FL
214
Votes |
486
Posts
Roman M.
  • Investor
  • Miami Beach, FL
Replied

big problem with this if you have to foreclose. 

Altimatly if the deal is great and you buy it, you can try to modify the loan and ask the borrower to sign a modification note.  

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