I read the Foreclosure information in this course. I agree that to foreclose there must be a mortgage. But....the courts are saying that all that is needed is the note and the foreclosure can be executed.
I have a situation where an assignment for the mortgage was filed clearly showing that the note and mortgage were separated.
What can we do to argue that the mortgage must be present when the courts are leaning to just the note will do?
By the way, would noticing the court that one demands plain meaning of the law be used do any good to stop the judges from interpreting
the laws in favor of the banks and the alleged pretender lenders?
Thanks,
Richard