Supporting, Informing & Connecting People in Foreclosure
Legally? Yes, but only under intense scrutiny (a criteria most often disregarded).
YOU, and hopefully your attorney, must insist on this scrutiny in the form of discovery and depositions.
Keep posting questions. Read your Plaintiff's filings. Talk about where you are in your case, what you've filed. Ask for advice. Listen and read. Keep an open mind.
Don't give up.
Know you are not alone.
Make connections with others who can help you.
Good luck you you Kevin!
It's what your Plaintiff filed in the complaint and other court documents for your case. You, or your attorney, are supposed to get a copy of everything (a requirement often disregarded by foreclosure mill attorneys). You can go to the file room of your courthouse and ask to look at your file (you may need your driver's license).
And, I forgot to say, don't worry too much about that "lost note"! Somehow, they can be produced (read: created) out of thin air if push comes to shove. The "lost note" claim is just a quick way to get the case filed and the foreclosure done in the 86+% of cases that are not contested. In contested cases, ~~~sigh~~~ poor Plaintiff has to produce (read: create) that note, such a bore, before the house can be confiscated.
That's the point. They'll miraculously find that note if your foreclosure is being held up due to the "No Note" defense. Then you've got to hire a forensic document examiner.