There have been some foreclosure cases dismissed because the lender could not product the note, BUT the mortgage is not dissolved. The lender can product a lost instrument bond and re-start the foreclosure, albeit through a different proceeding.
mortgage foreclosure challenges in court - Posted by cork horner
Posted by cork horner on September 06, 2008 at 23:33:50:
Anybody here familiar with the latest technique going on in Ca, NV, AZ and Fl where a law firm jv’s with a mortgagor in trouble and challenges the mortgagee in court to produce their right to foreclose by producing the ORIGINAL note/deed? They claim almost 100% success to date.
When they can’t produce the required docs, the court issues an order to ‘dissolve’ any mortgage claims rendering the property free and vclear.