I have a divorcing client who doesnt beleive she signed the note for a home equity (just her future x did). She doesnt have a copy to refference (and neither does her hubby). Has anyone requested a copy of the Note from a lender? If so, who do I contact and what is involved. Ive been doing shortsale for 8+ years and have never asked for a copy of the note. Thanks in advance!

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The lender should be able to provide it. It is also a recorded instrument so you should be able to find it in the county records.

Bryant is correct.  The first thing I would do is search the registry of deeds.  The note should be there and you can see first hand who signed it.

Im in Pennsylvania - we only record the mortgages. Is there a specific dept at the lender I can call?

So why can't you look up the mortgage and see who is on it?  If the wife signed, she'll be on it right?

Smitty. The only problem with that is a spouse may very well be on the mortgage with out being on the note. That is quite common in Florida. The mtg is just the lien instrument.

same in South Carolina.

The closing Attorney and/or Title Company should have a copy of the Note.

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