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:
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).
