You may want to look at this video on AZ State Representative Michelle Reagan. She allegedly asked the bank to send her a copy of her note, and she ended up being sued by her bank. According to what she says in the clip, she was not in default, nor was she even anticipating going into default. I don't know the details, the grounds for which the bank sued, nor how it turned out, as I was not really interested, but it may be worth your while to Google and research it, in case you are in a similar situation. There were several news stories on it - this is just one short video that I found that gives a brief overview. You maybe throwing up an extremely large red flag in continually asking for your note.
The prior posts recommend you do more research, (at the minimum, you owe it to yourself to look into the areas they have pointed out), but going from forum to forum until you find one that agrees with you is the equivalent of going from doctor to doctor until you find one who gives you the diagnosis you want to hear. The above people have given you (and the rest of us) a gift, in my view, by pointing out why you are wrong. These issues might possibly be the same issues your opposing lawyers or judges might point out. In my opinion, anytime someone tells you you're wrong and why, you research it to find they are correct, or confirm they are wrong, but either way you come away being that much more knowledgeable.
Good luck to you.
At least the last response quoted above was not nasty, and it attempted to help rather than simply say I deserve to lose my home. I checked out that video, and I don't think it applies to me, but I would welcome a suit of that type, since I am entitled to demand to know that I am paying the CURRENT holder/owner of my note.
Here's the deal:
I'm not in foreclosure yet, and have some help if I want to pay off my loan, but the "helper" demands that I make sure I'm going to get a proper satisfaction of mortgage, since anybody can file one, even if it is worthless. I need the actual current holder to tell me in writing he will give me one, but first he has to prove he is indeed the current holder/owner of my note, so I want to make sure that I get a proper satisfaction, since my new servicer can simply file a satisfaction even though they are not the actual mortgagee nor are they collecting for the actual mortgagee.
Don't you guys see the problem?
It's called a "here's your clouded title" if I don't get the proper satisfaction after payoff, and then someone might show up with the original note after I've paid this new servicer off, and then I'd be in court again.
The original note, WITH THE ASSIGNMENT AFFIXED TO IT showing the new CURRENT mortgagee/noteholder is what I want to see before paying it off or continuing to pay monthly payments. I have the right to know that I am paying the holder of my note, and most of you don't see this. You all sound like the inexperienced lawyers I've talked to and spent money on, since, like one said: "Oh, they'll come up with the note if you give them enough time". Then he says: "I've got some clients that are still in their houses for 4 years because we have demanded they produce the original note showing the current holder".
Sounds like doublespeak to me. If the new servicer cannot show me my original note that is indorsed in an assignment over to the current holder/mortgagee, then this servicer has no right to enforce the note.
So, it's a little different situation than what you're talking about. I've studied this thing for 7 months, and I know that I am not required to pay someone just because they claim in a letter that they hold or own the note. I have a right to see the original with an assignment to the new holder.
An attorney recently sued his lender for the ONLY reason that he paid them off and they cannot send him his original note back, so now he's asking for his money back in a lawsuit unless they can produce it. I'm doing the same thing, except I'm demanding it BEFORE my friend gives me a private loan to pay off my note, since he told me he'd only help me if I could get a certified copy of the updated original note that shows the CURRENT holder that will sign the SATISFACTION. He's right to demand this, since a satisfaction from someone other than the current holder is not a bona fide satisfaction, and the TRUE note holder can come to collect even after I pay off the note to this new servicer.
Apparently most of you don't see the original note with assignment(s) AFFIXED to it as being important. It is! It is the ONLY reason that foreclosures are being stopped, but ONLY when this issue is challenged. It's not automatic that you get what you deserve, and the judge gives summary judgment in spite of all the phony paperwork, even if the party that is foreclosing IS NOT THE ACTUAL HOLDER who can prove they bought the note.
The one standing to foreclose in most cases today is NOT the current holder legally entitled to enforce the note, so this is the real challenge.
Again, most of you apparently don't understand the basic principal that as party to the mortgage and note you have the right to demand presentation of the updated original note.
I welcome response that is civilized like the last one quoted above, that doesn't wish me to lose my home.