My husband and I are looking for an attorney who is familiar with the foreclosure defense where mortgage companies have lost all your docume...

Question

My husband and I are looking for an attorney who is familiar with the foreclosure defense where mortgage companies have lost all your documents.

First and foremost we are not in default. We refinanced our home in 2001. We have not refinanced since then. In 2001 we refinanced with Homegold Mortgage who was indicted for their lending practices. Since that time our mortgage has been sold numerous times.

We were considering refinancing but have learned that Greentree, our current mortgage company has admitted that they don't have our documents. They have no proof that they own our mortgage. They do not have the note. Based on what I have read on the internet it seems like we could potentially have a case and perhaps own our home without debt. Greentree would like for us to sign documents stating that we agree that they lost our paperwork and that we agree to the terms that they think we should be paying. They have also asked me for copies of those documents, which I do not have in my possession.

Answer

They must prove their case by producing evidence of the debt. They don't need to produce the mortgage, just the note. It's doubtful that you could take the home without paying for it.