Was the mortgage document a fraud?

Was the mortgage document a fraud? Fraud lawyer Andrew Bernhard from Bernhard Law Firm PLLC fields legal questions from www.avvo.com:

 

Asked 1 day ago on Avvo.com – Panama City, FL
Practice area: Fraud

The lawyer didn’t bring the original mortgage note until the day of court and wouldn’t let us see it. We also have not received a copy of the document And it isn’t listed in the court documents. Was it a fraudulent document?

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Fraud attorney Andrew Bernhard from Bernhard Law Firm PLLC responds:

Andrew John Bernhard

Contributor

If the bank’s attorney would not let you see the original note before entering it into evidence, you may have grounds to appeal this judgment. Production of the original note to the court is required, and introduction of the original note into evidence requires that the bank’s attorney show the homeowner the document, review it, and challenge its authenticity. Of equal importance is whether the bank submitted sufficient evidence that it properly held the original note when it filed the foreclosure action (whether it had standing) and whether you were given an opportunity to challenge this standing evidence. The Florida rules allow a foreclosure defendant to file a motion for rehearing/reconsideration or an appeal up to 30 days after entry of the judgment. If you would like a more complete evaluation of your options and rights, you should immediately contact a real estate attorney or banking attorney.

Please do not hesitate to contact us with any fraud-related issue by emailing fraud attorney Andrew Bernhard at abernhard@bernhardlawfirm.com or by calling Bernhard Law Firm PLLC at 786-871-3349.

Bernhard Law Firm PLLC

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