Supporting, Informing & Connecting People in Foreclosure

Florida "original note" requirement

I was in court today for the trial docket (pro se litigant but I am an attorney) and I noticed that on the cases where the plaintiffs were present, but the defendants were not that a mere statement to the magistrate that "the original note had been previously filed" was good enough for the magistrate to accept. My case was called (and continued) before I could see if this was tried on a case with defense present. The reason I am concerned is that in my case they filed an "original note" several months ago. The other day I went to the clerk's office to see this alleged "original note" and since my county has gone paperless, all I could see was a scanned version of the "orginal note" - which I could already get online anyway and also which looked just like the copy filed with the complaint, and that was recorded only the indorsement mysteriously didn't show up until the "original note" was filed after we had filed our motion to dismiss for lack of standing (which was denied by a judge who didn't know WTF he was doing).

Anyway, what is the deal with them having to have the "orginal" note? I can't find a definition ANYWHERE of what "orginal note" means in Florida! Can they just file anything and say it's original and that's that? If they are relying on an indorsement, the case law is that they have to possess the "orginal note." But how does the law define "original note?"

And on a side note, shouldn't the freakin' clerk have to keep an actual original document in an actual hard file somewhere?!

Tags: Original, note

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Permalink Reply by Suze2011 on March 3, 2011 at 9:16pm

Taking the depo of their witness so I should see it then. Also, you gotta understand the complete lack of compliance with the rules of procedure that occur in my county...

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Permalink Reply by Alex Pearlberg on March 1, 2011 at 5:36pm

Suze

Here is the deal with original notes or documents. The banks and their attorneys do not file the original notes, at least in Miami-Dade and Broward, since the note would be a bearer instrument and negotiable since most are endorsed in blank and not made paybale to the particular bank, if they were lost by the clerks office or at any point along the way, the finder of the document would then become the owner, so the ourt wants to avoid any problems like this. The Judges know this so they only require a copy be filed with any motion for SJ. But at the hearing for SJ, they must produce the original wet ink note and/or mortgage. I always make them show both and look for differences in what was filed and the original. Moreover, look at the affidavits that were attached to the MSJ and see if they were robo-signed and/or were not based on personal knowledge or supported by documents. You can drop me a note directly at alex@fl-wc.com if you want to discuss any further.

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Permalink Reply by Suze2011 on March 3, 2011 at 9:25pm

Yeah, I thought it would be a bad idea to file the original note with the clerk's office, given its importance.

I think you answered my question in that the defense needs to force the the plaintiffs to show it at trial and/or motion for SJ. The "trials" I observed were without defense present, so that's probably why the statement "Your Honor, the original mortgage and note have previously been filed" and nothing more passed muster - nobody there to object.

I just kind of freaked when I saw that because A. It's personal so I'm not exactly able to be rational and objective when i analyze this and B. every case I've ever had - including criminal - a copy is okay as long as you can authenticate it.

Regarding SJ - they filed a motion, but never set it for hearing. We're set for trial in three weeks. They are basing their right to foreclose on an allonge that I KNOW is faked and I've found several allonges in other cases that were allegedly signed by the same woman (who is nowhere to be found) and even I can tell they are different. Scoping out handwriting experts now.

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Permalink Reply by Alex Pearlberg on March 4, 2011 at 4:52pm

If you need a good handwriting expert I have one who is the only one that Miami-Dade Police use in their criminal cases. Drop me a line if you want his info.

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Permalink Reply by victory on December 29, 2011 at 8:39am

Hi, Alex

I would like the name of the handwriting expert. I hired an attorney on June 2009, hearing 9/14/2009, my attorney did not show up , did absolutely thing to the case. Worst of all, he was not liscense. Judge order foreclose, lender's attorney appeared in court they are debt collector attorney. then on 9/23/2009 they filed so called 1 piece of document original note after the foreclosed hearing. Lost everything, homeless, living with relatives in another state. PLEASE HELP.

EMAIL: aromaticallyyours@embarqmail.com

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Permalink Reply by glenn e. cernicky on January 16, 2012 at 12:20pm

I just sent you an E/M about finding a handwriting expert, please reply when you can, Thanks :)

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Permalink Reply by victory on December 29, 2011 at 8:25am

FLORIDA- WHEN DOES THE ORIGINAL NOTE GET FILED?-On 9/14/2009 judge order my home to foreclose, debt collector attorney who stated they are the lender's attorney appeared in court. (The attorney I hired did absolutely nothing to the case and did not appear in court) . Note filed after hearing on 9/23/2009. When does the note get filed before it goes into foreclosure or after it goes in foreclosure? I would think that once you signed at closing it gets filed immediately. can anyone explain?

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Permalink Reply by I Enjoy No Debt on February 9, 2012 at 11:06am

I found out about my Note, it is the truth!!!

I would definitely get someone to determine whether the bank has a right to your house and payment. I got a free mortgage audit from www.inspectoraudit.com These guys are awesome! I have not found anyone that will get this information for FREE to you, it helped me stop a foreclosure a few days before the sale. I am not usually a person to recommend someone, but I think in this case these people helped me and may help someone else who is in trouble when the bank is trying to steal their house. They will give you a FREE AUDIT!!!

When I got my mortgage audit back, I was STUNNED to find out that my Note had been sold into some kind of investment pool, and the bank did not have the right to continue to collect on me, much less foreclose on me. From what I understand that selling the notes into these pools is very complicated and I don't really understand it completely, except that the Note is no longer a Note, the bank cant claim it anymore as a Note, and the bank has already been paid for your mortage!. They try and steal your house after they have been paid for it!! I was upset when the bank started the foreclosure on me, now I am really upset for a different reason, because they are committing fraud on me.

MY FORECLOSURE HAS BEEN STOPPED DEAD IN ITS TRACKS!! The bank was committing fraud on me and trying to take my house and they cant now, I have a lawyer that is using the the audit I got from inspectoraudit.com and he is turning the tables on the bank. I love it and I feel so empowered now! Being on the offensive is much better than being on the defensive. Good Luck with everything