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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  • 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?

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

      • 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.

  • 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.

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