2nd Mortgage company "lost the promissory note" after foreclosure can they collect?

[TabbiKat]

We had our house foreclosed on over two years ago we just got served a letter from Citibank and Javitch Law firm for the second mortgage however they state they have lost the promissory note we have sent them a letter asking for the original promissory note as they are asking for more than we ever owed them if they cannot produce this can they still sue us?

[blessed]

Um, please be wise enough to NOT send them a copy. How can they sue without documentation? Did you ask your attorney yet?

And Congrats, it sure sounds like you're off the hook.

[TabbiKat]

We do not have an attorney yet and no we are not sending them anything except a certified letter telling them we want to see the original promissory note of which they have already admitted is lost or destroyed ???

[justbroke]

I'd get an attorney specializing in foreclosure. However, in most States, the lender who "lost" the note can actually lay claim if they follow a certain process and it was "actually" in their possession when it goes lost. This is why you need to be careful of what you ask for.

It's called reestablishing the note.