My house is in foreclosure in New York State. What is the correct process to request that the bank produce the original note?

Foreclosure of a home can be an incredibly tedious legal process where finer details certainly matter. The good news is that in recent years, New York State has fine-tuned the requirements for foreclosure cases that are actually in favor of the home owner. You shouldn’t have to request the bank to produce the original note because per New York law, the foreclosure attorney must produce the following items when initiating a foreclosure:

  • the original note
  • the mortgage
  • any modifications since the existence of the mortgage
  • any additional agreements

Essentially, foreclosure cannot take place without these required documents. It is on the burden of the lender to provide this information. If they fail to do so, the case cannot move forward. However, New York State has one of the longest timelines for foreclosure which average about three years.

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