For those California homeowners facing financial distress, demanding that your loan servicer “show you the original note” that you signed years agao as evidence of your debt…is a waste of time.  You need to focus on assignment fraud.

Unlike Florida, California is a non-judicial foreclosure state.  This means that a Trustee holds “nominal” title pursuant to the Deed of Trust.  The standard for completing foreclosure is much lower.  Here’s what the courts say:

As a preliminary matter, to the extent that Plaintiff’s wrongful foreclosure claim is

predicated on the foreclosing parties’ failure to physically produce the note, Defendants are correct

that she cannot state a viable claim on the basis of that theory. California law does not require a

foreclosing entity to produce the note.

See, e.g.Wootten v. BAC Home Loans Servicing, LLP, No.

10-4946 LHK, 2011 WL 500067, at *7 (N.D. Cal. Feb. 8, 2011) (“[U]nder California law, there is

no requirement that a trustee produce the original promissory note prior to a non-judicial foreclosure

sale.”) (citations omitted).

Share →

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>