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At the Foreclosure Trial, if a Bank has no Proper Ownership to Foreclose Can They Proceed With the Foreclosure?

It is no secret that there can be a lot of questions and gray areas when it comes to foreclosures. One question that often comes up is if the bank does not have proper ownership to foreclose can they proceed with the foreclosure?

In order for your lender to have a proper case against you, they must be able to physically produce the promissory note to the court; however, this note does not need to have a signature and can be endorsed to “blank”, or to whomever is foreclosing.

In the foreclosure trial, it is the responsibility of the foreclosing party, the bank, to provide proof that they have legal standing to foreclose on your home and seek payment. The bank must provide this proof regardless of whether or not you respond to the foreclosure.

In most cases, if the bank is unable to prove that they have proper ownership of the home, then the foreclosure does not proceed. Although this sounds very cut and dry, foreclosure cases are rarely simple. There are many other factors to consider and each foreclosure case is different and dependent upon each individual’s situation.

If you have any questions about foreclosure or are unsure how to proceed in your own foreclosure case, don’t be afraid to reach out to a foreclosure attorney. They will be able to explain the process to you and provide you with a better understanding of your role and the situation as a whole.

Stephen K. Hachey, a Florida real estate attorney, can help your wade through this process and determine a positive solution. Contact him at 866-200-4646.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.