I have a warranted deed and the mortgage was never notarized or recorded and I don’t have a copy of the mortgage can she foreclose if I stop paying? 5 Answers as of May 10, 2013

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Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
You are a classic example of old a fraud that is happening in the banking industry you should consult with a foreclosure defense specialist and you will much probably be able to knock down a substantial amount of your principal interest.
Answer Applies to: New York
Replied: 5/10/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If the mortgage was never recorded, then it would first have to be recorded in order to foreclose. If it was never notarized properly, then it may not be able to be foreclosed. In that case, the lender may try to submit what is called a "nunc pro tunc" in order to have the courts allow them to record the mortgage regardless of the problems.
Answer Applies to: New York
Replied: 5/10/2013
Law Offices of Daniel J Winter
Law Offices of Daniel J Winter | Daniel J Winter
It's unclear from your question who "she" is. So I can't answer the question. If "she" holds a mortgage on the property, there are certain things that need to be done to make it effective. You should consult with an experienced attorney and bring the documents for review.
Answer Applies to: Illinois
Replied: 5/10/2013
Stacy Joel Safion, Esq.
Stacy Joel Safion, Esq. | Stacy Joel Safion
Yes, she can foreclose.
Answer Applies to: California
Replied: 5/10/2013
Frank Law Group, P.C.
Frank Law Group, P.C. | David E. Frank
In California, if the mortgage was not recorded, the lender can still bring an action for an equitable lien, which can then be foreclosed. But that would require the lender to file a lawsuit and get a judgment declaring the existence of the lien before it could foreclose, a process that could take as much as a year or two.
Answer Applies to: California
Replied: 5/10/2013
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