in ny which attorney gets a copy of the note and mortgage

by Clementine Gibson 5 min read

Can a promissory note be copied in New York?

MORTGAGE NOTE $_____ _____, New York Date: _____ FOR VALUE RECEIVED, the undersigned promises to pay to the order of ... including reasonable attorney’s fees. In addition to any late payment charge which may be due under this Note, if the indebtedness evidenced by this Note is declared immediately due and payable, or if the

Do you need a copy of power of attorney for mortgage?

However, New York Civil Practice Laws and Rules Section 4539 permits reproductions of the original promissory note, such as copies or electronic scans of the note, to be admitted as long as those copies were made in the ordinary course of business and are an exact reflection of the original. However, if a defendant in the action, in this case the borrower, were to challenge the …

When does the lender keep the original promissory note?

If not attached to the summons and complaint in the action, a copy of the mortgage, security agreement and note or bond underlying the mortgage executed by defendant and all instruments of assignment, if any, and any other instrument of indebtedness including any modification, extension, and consolidation shall be attached to the certificate.

Why do I need a promissory note to file a foreclosure?

The mortgagee shall within forty-five days deliver the note and the mortgage and where a title is registered under article twelve of the real property law, the registration copy of the mortgage and any registration certificates in the mortgagee’s possession to the mortgagor or the mortgagor’s designee making such payment and request if required as aforesaid.


Who holds the mortgage and the promissory note?

The lender holds the promissory note while the loan is outstanding. When the loan is paid off, the note is marked as "paid in full" and returned to the borrower.

Where do I find my mortgage note?

The mortgage note is part of your closing papers and you will receive a copy at closing. If you lose your closing papers or they get destroyed, you can obtain a copy of your mortgage note by searching the county's records or contacting the registry of deeds.

What does a real estate attorney do for a buyer?

What Does A Real Estate Attorney Do? Real estate attorneys know how to, and are legally authorized to, prepare and review documents and contracts related to the sale and purchase of a home. In some cases, a real estate attorney is also the person who'll be in charge of your closing.5 days ago

Can you have a mortgage without a note?

Even if a promissory note is lost, the legal obligation to repay the loan remains. The lender has a right to “re-establish” the note legally as long as it has not sold or transferred the note to another party.Jan 28, 2020

What if the bank lost my mortgage note?

When a court dismisses a foreclosure action due to a lost note, the court will dismiss the case without prejudice. This means that the lender still has another opportunity to bring the case again once the note is located. Therefore, a lender can still foreclose the mortgage once they find the note.

How do I get a copy of my loan agreement?

Request loan paperwork from your lender. The lender can provide copies of the documents signed at closing. If the loan has changed hands, contact the most current servicer for a copy of your mortgage or deed of trust documents.

How much does a real estate attorney cost in NY?

How much will you pay in real estate attorney fees for closing? Generally speaking, real estate agents will estimate that attorney fees in NYC will range anywhere from $1,500-$4,000 per transaction.Jan 8, 2022

Is a copy of a promissory note enforceable?

The original copy of a valid promissory note is usually held by the lender. The borrower should keep a copy of the signed document. If the borrower does not repay the loan, the lender can pursue appropriate legal action.Aug 17, 2021

What is the difference between a note and mortgage?

1. A note is a document that an individual signs promising to pay the other person or lender the sum that has been borrowed. 2. A mortgage is a document that an individual signs with a lender by pledging the property against the money that is borrowed.

When a mortgage is used as a security instrument who holds the mortgage?

When a mortgage is used as a security instrument, who holds the mortgage and the promissory note? The lender holds the mortgage and the note. -The note and mortgage are the lender's leverage to foreclose in the event of default.

Who is the certificate of discharge of a mortgage?

Whenever a mortgage upon real property is due and payable, and the full amount of principal and interest due on the mortgage is paid, a certificate of discharge of mortgage shall be given to the mortgagor or person designated by him or her, signed by the person or persons specified in section three hundred twenty-one of this chapter.

Who can assign a mortgage?

Assignments Generally: Lenders, or holders of mortgages or deeds of trust, often assign mortgages or deeds of trust to other lenders, or third parties. When this is done the assignee (person who received the assignment) steps into the place of the original lender or assignor. To effectuate an assignment, the general rules is that the assignment must be in proper written format and recorded to provide notice of the assignment.

What does "discharged" mean on a mortgage?

The recording officer shall mark on the record of a mortgage the word “discharged” when there is presented to him a certificate or certificates signed as hereinafter provided, and acknowledged or proved and certified in like manner as to entitle a conveyance to be recorded, specifying that the mortgage has been paid or otherwise satisfied and discharged.

Who signs a certificate of discharge?

When it appears from the record that the mortgage is held by trustees, the certificate of discharge shall be signed by a majority of such trustees or of the survivors of them or by the survivors or survivor of them, unless the instrument creating the trust provides otherwise.

What is a name affidavit?

A name affidavit, if the borrower signed under an “also known as (AKA) name” or used a signature that significantly differs from the typed name. Mortgage assignment. The original unrecorded assignment of the mortgage to Fannie Mae from the servicer. Note: An assignment is not required for a MERS-registered mortgage.

What is a custodial document?

Custodial documents are the legal documents pertaining to a mortgage that the document custodian takes into physical possession when Fannie Mae purchases or securitizes a mortgage. The following mortgage documents (when applicable) are required for all mortgages. Requirement. Description. Cover letter.

What is a repair rider?

Power of attorney. A copy of the applicable power of attorney, if an attorney-in-fact signed the mortgage note (or any other acceptable alternative for the mortgage note) on a borrower’s behalf.

What is promissory note?

A promissory note puts the terms of a loan in writing. Promissory notes don't have to be long or complicated, but there are some key items you'll want to include. Learn more about writing and amending a promissory note. Sep 16, 2020 · 3 min read.

When is a release of promissory note needed?

Other releases may also be needed if the note is a secured promissory note.

What happens if you lose a promissory note?

Generally, losing a promissory note does not eliminate the borrower's obligation under the note.

What is a lost note?

A statement that the note has not been sold or otherwise transferred to another party. A statement that the borrower will no longer be obligated under the lost note, and that the borrower will not incur any costs in connection with reestablishing the note. If available, a copy of the original note should be attached.

What is the end of an agreement?

Overview The end of an agreement is as important as its beginning. Once a note has been paid off, it’s time to wrap up any loose ends and release the parties from their duties. A clean break will provide peace of mind, discharge all obligations, and lead to an amicable conclusion.

What is the effect of a debt settlement agreement?

In some cases, the overall amount may be too much for the debtor to manage, and continuing payments may force it into bankruptcy. A creditor can decide that rather than gamble on a debtor’s future liquidity, an immediate debt settlement agreement will make the best of a declining situation.

What is the importance of sales reps?

Overview Sales representatives are an important part of any company’s success. Your sales force serves as the public face of your company, and the individuals and organizations that present your products and services should be carefully selected. You must make sure your product will be marketed in a way that reflects your business and its brand. You must explain to your sales representatives what products they can sell and where they can sell them.