Can you foreclose on a note?

The UCC says the owner of the note doesn't have to have possession of the note to enforce it and foreclose on the home. But they must be able to prove they're entitled to enforce the original promissory note if the note was lost or they've acquired ownership of the note from a party that was entitled to enforce it.

US Legal Forms
Legal Letters
Sample Letter for Notice of Judgment - Lien

Judgment Note Form For Foreclosure In Broward

Category:

Letters - Notices - Judgment Liens

State:

Multi-State

County:

Broward

Control #:

US-0025LTR

Format:

Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

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FAQ

You can obtain certified copies of the final disposition on the case(s) from the Clerk's office.

A certified copy is a copy of an official legal document, such as a judgment or a pleading, in its entirety. The county clerk will certify it and swear it to be true in writing that it is an original copy. The copy cannot be taken apart; otherwise, its certification is invalidated.

Broward County's 17th Judicial Circuit is one of 20 judicial circuits in Florida. County Court handles civil cases under $15,000, traffic cases and misdemeanors.

By Florida law, the Clerk of Courts in each county is the official custodian of court records. Click here to access the Clerk's Online Services, including official records, civil/family/probate cases, criminal cases and traffic cases, or you may call the Clerk's 24-hour voice response system at (305) 275-1155.

Please contact the Archives and Records Library of the Broward County Clerk of Court. For additional information, please call: (954) 831-7856.

Call Us. General Information: (954) 831-6565. Telephone agents are available to assist you or direct your call between a.m. and p.m., Monday thru Friday, excluding Courthouse Holidays.

To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn't be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.

State foreclosure laws typically require the foreclosing party to include a copy of the promissory note with the complaint in a judicial foreclosure. In addition, the foreclosing party might have to produce the original note (the one the borrower actually signed) as part of the foreclosure process.

The UCC says the owner of the note doesn't have to have possession of the note to enforce it and foreclose on the home. But they must be able to prove they're entitled to enforce the original promissory note if the note was lost or they've acquired ownership of the note from a party that was entitled to enforce it.

A motion for summary judgment is filed when the lender's attorneys believe there is nothing the borrowers could say in their defense that would prevent the foreclosure from moving forward.

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Foreclosure Trials are held in courtroom WW4150. Rescheduling of trial dates may occur at the time of hearing if appropriate.The Foreclosure Unit will provide you with assistance for the Senior Judges in the. The affidavit must include all certified, recorded judgments, liens, mortgages, UCC Financing Statements, etc. After form 1.977 and all attachments have been delivered, a notice of compliance (the last page of this packet) is to be filed with the clerk of court. File a certified copy of your judgment in the real estate records of the county in which the property is located. Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. If you or someone you know is facing foreclosure, the Fort Lauderdale and Hollywood foreclosure defense attorneys at the Law Offices of Evan M. Rosen, can help. This action was tried before the court.

Judgment Note Form For Foreclosure In Broward

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FAQ

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Can you foreclose on a note?

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