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Re: [tips_and_tricks] Original note necessary for foreclosure?

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  • Michael Noonan
    ... Wrong on your reasoning. The atty presented a copy of the note as prima facie eveidence. Unless you objected to the copy as hearsay, you waived the right
    Message 1 of 3 , Feb 7, 2007
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      --- James Garofalo <jimveda37@...> wrote:

      > I am attempting to re-open a foreclosure case
      > wherein the judgement is, I believe, void. The
      > reason I think it is void is that the bank did not
      > have the original note in evidence. I have heard
      > this is absolutely essential, without which, the
      > bank lacks standing to proceed. Does anyone have any
      > information regarding the Original Note being
      > required for a foreclosure action to be
      > commenced/prosecuted?
      >

      Wrong on your reasoning.

      The atty presented a copy of the note as prima facie
      eveidence. Unless you objected to the copy as
      hearsay, you waived the right to now ask for the
      original.

      You could start a new suit for breach of contract, if
      you understand what the breach was.

      Cheers!

      mn



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