Request documents

[325Falcon]

Is it within a homeowners rights to request a copy of the original loan documents or any other documents from the banks foreclosure attorney?

Looking for ways to extend our time in this house. We are in NH which is a non-judicial power of sale state. What docunebt can / should we request?

Any thoughts or ideas?

[325Falcon]

No takers?

[justbroke]

Yes, you can request them to prove to you that they own the home and are entitled to enforce the provisions of the Promissory (Mortgage) Note and Mortgage. However, in non-judicial states, this could prove to be fruitless in delaying. You do need to attend the initial hearing on the matter and come with strong proof yourself as to why you think they are not entitled to enforce the Power of Sale clause in the Deed of Trust.

To do that, you may need to show up with your original closing paperwork (hope you saved it), and show that you mortgaged the home to a different lender.

[bkresearch]

I was advised by an "expert" on another board that some judges will see this request to produce the deed as the stall tactic that it is and hold it against you. I don't know if this is true or not -- obviously you need to ask an attorney for yourself. Just thought I'd mention that possibility though...