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California court rules note unenforceable by servicer
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Court Report
Monday, September 16, 2019
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A district court in California was asked to allow a servicer to enforce its note in a foreclosure proceeding although the note had been lost or destroyed years earlier. The servicer had an affidavit of lost note from the previous note holder, but the district court ruled against summary judgment to enforce the note because it determined the servicer had presented no evidence that it was in possession of the instrument and entitled to enforce it when loss of possession occurred.
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