Response to What's my next move?

A question for Jackie. When the lender took you back to court and obtained a money order judgement did they still have the Original Mortgage Deed? This is my read on the situation and any comments from others (either supportive of these assumptions or not) would be appreciated. In my dealings with my lender I thnk that the root of the issue is if they have an MJO then they do not have to produce the Mortgage Deed as the MJO is sufficient for them to prove their claim. However if they want to obtain an MJO at some point they must (only I think if you ask for it) produce the original Mortgage Deed. If you don't ask for the deed, I believe that the court assumes that you are not challenging the BS and admitting/agreeing with the debt, the terms of the debt and anything else the BS wants to say. If you ask for the Mortgage Deed and they don't have this either then they have a real problem. They cannot, if you dispute their claim, even prove that a debt existed let alone the terms of the debt and therefore it is a lot more dificult to obtain an MJO. Reasons a BS wouldn't have a copy of the Mortgage Deed as I understand it: 1) They have an MJO 2) The have been NEGLIGENT and lost it 3) An Act of God. (Fire, Flood etc) 4) They wrote the debt off and disposed of the Deed.

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