Too many practitioners lose site of the fact that a foreclosure case is based on two separate and distinct documents, the Promissory Note or the agreement to repay an amount borrowed and the Mortgage which secures that promise against the piece of property. Both documents are separate and each has its own distinct set of rules that govern how they are exchanged between parties from closing of the loan transaction until a foreclosure is filed. These same distinct set of rules govern how the documents are presented and entered into evidence in the actual foreclosure case.
Quite simply, one set of rules applies to the Note part of the foreclosure equation and an entirely different set applies to the mortgage component. Understanding these rules is a key component in drafting Motions to Dismiss and fighting Summary Judgment. Thanks to Foreclosure Fraud Fighter George Gingo for “sharing with the class”. For an excellent foreclosure defense attorney in the Brevard/321 area, contact George directly at firstname.lastname@example.org.
Read the following appeal for an excellent discussion of these issues along with all relevant case law. taylorappeal