Standard foreclosure proceedings have been put on pause. This article endeavors to provide instruction on how to cure one of the most frequently stumbled upon legal impediments to litigating these actions—the lost note. Many foreclosure actions are sitting stagnant for months, or even years, as a result of not only a reticent judiciary, but also the lenders’ sloppy recordkeeping and loss of documentation evidencing their standing to foreclose on a secured property. A lost note, however, does not necessarily foreordain a losing case.
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