Does a promissory note have to be held in order to initiate a foreclosure?
MultiRegion, United States of America
The following excerpt is from Armendariz v. JP Morgan Chase Bank N.A., Civil No. 11cv137 AJB (BGS) (S.D. Cal. 2012):
2. Plaintiffs confuse the law by insisting that their property was "illegally foreclose[d]." However, California law does not require possession of the promissory note in order to initiate a foreclosure. See Lane v. Vitek Real Estate Indust. Gp. (2010) 713 F.Supp.2d 1092, 1098.
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