The Foreclosure Process – Step 4: Ask for Originals (and Buy Time to Negotiate)

When you buy a home, you do so with the intent of providing safety and stability for your family, but sometimes that stability is threatened. In difficult situations like that of a foreclosure, keeping your family safe and your rights protected can feel insurmountable.

We’re here to tell you, it’s not impossible. You can fight to keep your home. And an important part of defending yourself and your rights during a Florida foreclosure is ensuring that original paperwork is obtained for your case.

The Proof is in the Paperwork

You already know paperwork is essential when it comes to mounting a strong legal defense. Keeping good records of your documents, forms, and other papers helps you be in a strong position heading into court. What you may not know, however, is that you can and should also demand that the banks show you their paperwork – and the original documents at that.

Why Originals Matter

Within weeks, sometimes even days, after closing on your mortgage, it has already been resold (and sometimes sold again). Often home mortgages are divided and resold so many times that the originals can no longer be found. While the “missing originals” argument may not be a strong enough defense in court (though it was widely used during the foreclosure crisis of 2008), tracking down the original promissory note still serves a purpose and it’s important to do everything you can to force the bank to find it.

By asking the lender to track down the original documents, you are gaining valuable time to negotiate and continue your fight for your home. When you persist in getting the paperwork, you put the onus on the lender to produce the documents and give yourself time to negotiate a better settlement.

With our help at Silverberg|Brito, PLLC, we will do whatever is in our power to ensure fairness and justice throughout the foreclosure process. Contact us today to schedule a confidential consultation.

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