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The rule says the first notice or first filing under a states foreclosure law cant occur until youre more than 120 days delinquent. Your delinquency begins on the first day your mortgage payment is due and not paid.
A lost note can deprive you of the ability to obtain payment. If a third party finds the note, they may be able to enforce it against the borrower, including foreclosing on any collateral that may secure the loan. Generally, losing a promissory note does not eliminate the borrowers obligation under the note.
A fairly typical cost guideline is $20 for every $1,000 of value of the lost instrument. If a promissory note for $50,000 was lost, you would probably have to pay in the neighborhood of $1,000 to the surety company to purchase a bond covering the amount of the certificate.
If the property is sold at a foreclosure auction, the proceeds from the sale go to the lender to recover the outstanding mortgage balance. If the sale price is less than what you owe, you may lose all your equity. Payments: Any payments youve made toward the mortgage are generally lost as well.
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