Go Coogs' wrote:
What are you saying, mv, that just because the banks were dishing out loans they had no business handing out, the buyer should keep their house and just stop paying their note until said corporate criminals produce the original contract?
The bank lost the paperwork. So what? You still have an obligation to pay for the money they loaned you.
Pretty much a basic tenant of contract law,and one that is usually explained quite well in any Business Law college class. In order to enforce the contract, you need to produce the original document, to prove your legal claim to the amount owned. And yes, you have an obligation to pay the money owed, you just want to make sure that whom you are paying it to, has a legal right to enforce that contract, and possession of the signed original along with any assignment documents, would probably document that enforcement right.
Absent those documents, tell them to go pound sand. As a contractor, if I lacked the original signed contract to try and enforce it, the courts would tell me to stick it in my ass and to come back with the original signed document. And this is a tactic that is more often used to forestall foreclosure, not one that someone just comes up with as a justification to stop paying a mortgage for that reason alone.