Was the mortgage document a fraud?

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The lawyer didn't bring the original mortgage note until the day of court and wouldn't let us see it. We also have not received a copy of the document And it isn't listed in the court documents. Was it a fraudulent document?

Attorney Answers

4
Andrew Bernhard ·
Andrew John Bernhard 5 stars 8 reviews Rating: 10 Litigation Lawyer in Miami, FL Reveal number tel: (786) 871-3349 Private message Call Message Profile Posted on May 7, 2014 If the bank's attorney would not let you see the original note before entering it into evidence, you may have grounds to appeal this judgment. Production of the original note to the court is required, and introduction of the original note into evidence requires that the bank's attorney show the homeowner the document, review it, and challenge its authenticity. Of equal importance is whether the bank submitted sufficient evidence that it properly held the original note when it filed the foreclosure action (whether it had standing) and whether you were given an opportunity to challenge this standing evidence. The Florida rules allow a foreclosure defendant to file a motion for rehearing/reconsideration or an appeal up to 30 days after entry of the judgment. If you would like a more complete evaluation of your options and rights, you should immediately contact a real estate attorney or banking attorney. Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship nor constitute a legal opinion and may not be relied upon for such purpose. More 0 found this answer helpful found this helpful | 0 lawyers agree Undo Vote Helpful Undo Unhelpful Undo 0 comments
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Trent Kennelly ·
Trent A Kennelly 5 stars 1 reviews Rating Not Displayed Residential Real Estate Lawyer in Tampa, FL Reveal number tel: (813) 602-1174 Call Profile Posted on May 7, 2014 I agree with my colleagues. It is difficult or impossible to tell without looking at the documents and understanding significantly more detail about what the hearing was as well as the reasons behind the Opposing Attorney withholding that information. Seek an attorney to take a look at this with you. More 0 found this answer helpful found this helpful | 0 lawyers agree Undo Vote Helpful Undo Unhelpful Undo 0 comments
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Michael Christopher BurrChapter 13 Bankruptcy AttorneyChicago, IL ·
Michael Christopher Burr 5 stars 3 reviews Rating: 8.6 Chapter 13 Bankruptcy Attorney in Chicago, IL Reveal number tel: (312) 346-0100 Private message Call Message Profile Posted on May 7, 2014 Fraud generally requires proof and an understanding of who has to prove what. I assume they offered a copy of the note, or at least its terms, in the original suit. You can raise a defense of fraud if you have enough evidence. I can't imagine why they would not let you see it, and through a discovery request, you would be entitled to get a copy of it. Whether it's fraud or not depends on what the document shows. The dialogue on this website does not constitute legal advice nor does it form any sort of attorney-client relationship. More 0 found this answer helpful found this helpful | 0 lawyers agree Undo Vote Helpful Undo Unhelpful Undo 0 comments
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Mark Theodore TischhauserLitigation LawyerTampa, FL ·
Mark Theodore Tischhauser 4.2577319587629 stars 97 reviews Rating: 9.1 Car Accident Lawyers in Tampa, FL Reveal number tel: (855) 965-2029 Private message Call Message Profile Posted on May 7, 2014 Impossible to tell unless you have it or a copy to look at. More 0 found this answer helpful found this helpful | 0 lawyers agree Undo Vote Helpful Undo Unhelpful Undo 0 comments
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