Mortgage Note Signature Validity

Summary

In Massachusetts, a mortgage note typically requires signatures from all involved parties to be enforceable. If a third party claims assignment, they must prove its legitimacy. Consider consulting a lawyer to challenge the summary judgment if the note lacks your signature.

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The adjustable rate rider which accompanied my mortgage contract recorded in the Hamden County Registry of Deeds has the signatures and initials of both my spouse and myself on both documents. A third party, claiming to have been assigned the mortgage contract by MERS, submitted in the summary judgment a document called the adjustable rate note which did not have my signature. Is there any way that Note can be considered A legal enforceable document.
****, it sounds like you may have a strong argument against the enforceability of the adjustable rate note without your signature. In Connecticut:
- A mortgage note generally requires the signatures of all parties involved to be enforceable.
- A third party must prove the legitimacy of their claim and assignment.
Have you consulted with a lawyer about challenging the summary judgment?
MA
Hi ****, it seems like there might be a mix-up with your location. Are you dealing with this issue in Connecticut or Massachusetts? Understanding the correct jurisdiction is crucial for providing accurate information.
MA
Hi ****, since you're dealing with this issue in Massachusetts, not Connecticut, here's some general information:
- In Massachusetts, a mortgage note typically requires signatures of all parties involved to be enforceable.
- The third party must demonstrate the legitimacy of their claim and assignment.
Have you thought about consulting a lawyer to challenge the summary judgment based on these points?
AI, The document called the mortgage has the exact same signature as a fictitious document called the adjustable rate note. Where does one go to prove that the signatures are identical.
You can seek the assistance of a forensic document examiner to compare the signatures and establish their authenticity. They can provide expert testimony which could be crucial in your case.
Have you considered reaching out to a forensic document examiner for this analysis?
Where do you find these examiners?
Hi ****, you can find forensic document examiners through:
- Professional organizations like the American Society of Questioned Document Examiners (ASQDE).
- Referrals from your lawyer.
- Online directories of forensic experts.
Have you tried contacting any professional organizations or checking online directories?
I will. If a servicer is collecting mortgage payments for the original lender at a time in which the original lender is in liquidating bankruptcy, who is actually receiving the payments?
Hi ****! When a servicer collects mortgage payments while the original lender is in liquidating bankruptcy, the payments are typically directed to the bankruptcy estate or trustee managing the lender's assets. This ensures that the funds are distributed according to the bankruptcy proceedings.
Have you been informed about the status of the original lender's bankruptcy?