h gosh: Although there is supporting precedence for both views, in general unless there is something material Caroline strongly believes to be bogus on the copy of the note the Court is not usually going to be sympathetic to demands for the original note.. That is especially true if the note is already well into the foreclosure process.
Caroline: Your lawyer is correct again. Barring some extraordinary unmentioned circumstances they (Likely Bear Stearns/EMC now owned and controlled by JPMorgan) do have the authority to modify the note regardless of prior conflicting input from them. Good News: JPMorgan set aside $6B in negotiations with Bear to handle cases like yours. Bad News: Bear lied to and deceived JPMorgan. In the clean-up transition period the Bear/EMC corporate hull was simply telling their victimized customers “Sue us” in an effort to clear their desks on the way out the door. Would they have knowingly previously lied to you? Absolutely, why do you think so many of these scoundrels are being rounded up? As I’ve mentioned before it appears on the surface that you are blessed with a good attorney to handle a serious situation. DO WHATEVER YOUR LAWYER SAYS* regardless of what you hear from well intentioned friends or even savvy sounding “advisors” (like me) on the internet.
1) What was the thing(s) that triggered the foreclosure process? Did they give you legal warnings?
2) Are your payments current? If not, how many payments behind do they currently show you to be? h gosh is correct; anything that can be construed or manipulated into a partial payment is potential trouble.
3) Have you found some significant errors forming a pattern that all worked to their benefit?
* Another good attorney on the sideline is not nearly as good of a source as your own attorney who knows all the details.