RE: No Mortgage Assignment

[raymond9955]

Can a bank start foreclosure proceedings, without a Mortgage Assignment on file in Florida? Then backdate the assignment on day I turned over house to the bank?

 

[army judge]

Can a bank start foreclosure proceedings, without a Mortgage Assignment on file in Florida? Then backdate the assignment on day I turned over house to the bank?

You wouldn't be asking unless they did it.

What you want to know, is it legal?

It might not be legal, but it won't help you keep the house.

You'll also have to prove what you assert.

 

[bluemann33]

Thank you very much for your opinion, I appreciated it...and yes, I can prove it. It is documented on the county records, as well as the fact that the bank and MERS that filed the backdated mortgage assignment (backdated in May 2011 to November 2006) is no longer in business and also did not have the note.

 

[USMARMY]

Demand Bank Proves Standing

Many Florida Courts are requiring the Banks to show proof of standing aka a party in real interest to the mortgage. Check out the Florida statutes with regard to assignment of mortgages. You'll have to challenge look on the Note and Mortgage for assignment to the foreclosing bank.