promissory note vs mortgage florida

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GMAC Mortgage Loan Modification (1st Mortgages and 2nd Mortgages) Are a mortgage and promissory note the same The term mortgage is many times used by consumers and others to refer to both a note and a mortgage but they are not the same. A note is a promise to pay. http://wiki.answers.com/Q/Are_a_mortgage_and_promissory_note_the_same	Qualifications for all loans 520.80 - - 2011 Florida Statutes - The Florida Senate 520.80 Mortgages, promissory notes.—Every promissory note or mortgage shall bear on the side of the note or mortgage which contains the maker's signature . http://www.flsenate.gov/Laws/Statutes/2011/520.80 Miami Bankruptcy Law Blog: Florida Mortgage Foreclosure and ... May 1, 2012 . The spouse would have signed the mortgage but not the promissory note if he or she was a title holder or even if not on title, due to the Florida . http://jbublick.blogspot.com/2009/11/florida-mortgage-foreclosure-and.html 5D11-2260 Weston v. Fairwinds - Fifth District Court of Appeal Apr 27, 2012 . As such, the promissory notes and the mortgages merged into the final judgment. Nack Holdings, LLC v. Kalb, 13 So. 3d 92, 94 n.2 (Fla. http://www.5dca.org/Opinions/Opin2012/042312/5D11-2260.op.pdf Mortgage strip and options in Florida Chapter 7 bankruptcy What is the effect of a Chapter 7 bankruptcy on my mortgage? http://www.alperlaw.com/bankruptcy/chapter-7-bankruptcy/understanding-mortgage-promissory-note/ Additional Qualifications For First Mortgage Primary Residences only KABOOM – Class Action vs MORTGAGE ELECTRONIC ... Oct 3, 2010 . The Promissory Notes were never obtained and the mortgages never . Naked Capitalism – Homes in Florida Seized Without Notice of . http://4closurefraud.org/2010/10/03/kaboom-class-action-vs-mortgage-electronic-registration-systems-gmac-deutsche-bank-nationstar-aurora-bac-citi-us-bank-lps-et-al/ Deutsche bank national trust company - Fourth District Court of Appeal Apr 18, 2012 . and Florida case law by having surrendered the original note to the court . promissory note, mortgage, and assignment were attached to the . http://www.4dca.org/opinions/April%202012/04-18-12/4D10-3156.op.pdf For First Mortgage Investment Properties only Promissory Note Fraud | Bondi Capitulates, Admits Promissory Note ... Dec 31, 2011 . In a concise motion submitted by Bondi herself to Florida's Fourth District . of mortgage fraudulent and invalid, but so are the promissory notes' . http://4closurefraud.org/2011/12/31/promissory-note-fraud-bondi-capitulates-admits-promissory-note-transfers-invalidated-by-fraud/ b - Florida State University College of Law COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT. PETITIONER'S BRIEF . In 1966, the. Smiths executed a promissory note and mortgage on the same . http://www.law.fsu.edu/library/flsupct/68577/68577jur1.pdf Feltus v. U.S. Bank - Second District Court of Appeal Oct 19, 2011 . reestablish a lost promissory note and to foreclose the mortgage on . the note pursuant to section 673.3091, Florida Statutes (2009), U.S. Bank . http://www.2dca.org/opinions/Opinion_Pages/Opinion_Page_2011/October/October%2019,%202011/2D10-3727.pdf CAN A BANK SUE TWICE ON THE PROMISSORY NOTE AND ... Sep 15, 2011 . The cow is the promissory note and the tail is the mortgage. . Florida cases have relied on cases both in state and out of state for guidance. http://activerain.com/blogsview/2509899/can-a-bank-sue-twice-on-the-promissory-note-and-mortgage- For Second Mortgages only A Tale About a Promissory Note Journey……How the Florida Elder ... promissory note, loan or mortgage will have no effect on the asset's countability.” The use of promissory notes came to a screeching halt in Florida long term care . http://www.eldercounsel.com/Admin/UserFiles/A%20Tale%20About%20a%20Promissory%20Note%20-%201.19.10.pdf buy zune hd montreal thrift stores nyc jewelry Qualifications subject to product type and state laws
Home Affordable Modification Program (HAMP) Florida Statute of Limitations in Promissory Notes Florida. If a foreclosure case had been voluntary dismissed and is . of information, that the note does not remain secured by the mortgage. http://www.expertlaw.com/forums/showthread.php?t=143019 McLEAN v. JP MORGAN CHASE BANK NATIONAL ASSOCIATION II ... Feb 8, 2012 . District Court of Appeal of Florida,Fourth District. . the subject Promissory Note and [Chase] cannot reasonably obtain possession of said Note . Subsequently, Chase filed the original note and mortgage, as well as a reply to . http://caselaw.findlaw.com/fl-district-court-of-appeal/1593768.html	COURT, DUVAL COUNTY, FLORIDA, :b- 20“ -CA. 0 _ _ the Duval County Clerk and the clerks of the circuit courts for all Florida counties ( . portfolios, promissory notes and mortgages had to be assigned from a . http://www.vbwr.com/firm/news/MERS%20Class%20Action%20Complaint.pdf You closed your loan on or before 1/1/2009 Your mortgage is for your primary residence You've fallen behind or are about to fall behind on your mortgage payments Mortgage - Public - GetLegal.com Oct 29, 2008 . Get important mortgage information including the different mortgage types, . kind of mortgage documents such as a promissory note and information . document is used in most states, including Florida, Illinois and New York. http://public.getlegal.com/legal-info-center/mortgage-overview You can provide copies of your most recent tax returns and will sign an affidavit of financial jobs vermont commons school Whats The Difference between a Mortgage & a Note? Mar 3, 2010 . The terms loan, mortgage, deed of trust and note are sometimes . A note (or promissory note) is – very simply – a contract whereby a . South Florida homeowner has $570,100 mortgage forgiven by bank by dinsfla; Victory! http://stopforeclosurefraud.com/2010/03/03/whats-the-difference-between-a-mortgage-a-note/ You can learn more about the federal government's Making Home Affordable programs at jewelry vine austin tx You signed the mortgage but not the note. So what? . about the difference between a note and mortgage in the context of a foreclosure. . “I pledge whatever interest I own in the home to secure the promissory note . received an email from a lady named Lisa who lives in Titusville, Florida who . http://www.bankruptcylawnetwork.com/you-signed-the-mortgage-but-not-the-note-so-what/
Short Sale MORTGAGE AND NOTE IN DEFAULT: A PRIMER ON LATE FEES ... Feb 24, 2010 . Lenders and borrowers alike are increasingly faced with a mortgage and related promissory note in default and the need to calculate the . http://www.gray-robinson.com/Elerts/100224_Mortgage_and_Note_in_Default.pdf	You owe more than your home is worth You have a loan payment calculator taxes insurance You cannot afford your current monthly mortgage payments valuation for investment banking
Deed in Lieu Cracking the Mortgage Assignment Shell Game - The Florida Bar The assignee then took possession of the original mortgage and note, which was . In the case of an assignment of a promissory note, the promissory note is the . http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/c0d731e03de9828d852574580042ae7a/a81638f11642ffb385257936004a8c29!OpenDocument&Highlight=0,*	Short Sale Promissory Note Featured Properties for sale in Tampa Bay Florida Sniper Real Estate . The mortgage and the promissory note are usually recorded together in a Lien theory . http://www.sniperrealestate.com/promissorynote.htm You're unable to afford your current mortgage payment promissory note vs mortgage florida
Home Affordable Foreclosure Alternatives (HAFA) — Short Sale GEE v. BANK NATIONAL ASSOCIATION, No. 5D10–1687 ... Sep 30, 2011 . District Court of Appeal of Florida,Fifth District. . U.S. Bank's complaint alleged that Ms. Gee executed and delivered a promissory note and mortgage . The proper party with standing to foreclose a note and mortgage is the . http://caselaw.findlaw.com/fl-district-court-of-appeal/1582235.html	You didn't qualify for HAMP Typical Documents You Will See At The Closing Table | Promissory Note/Loan – This is your promise to pay back a specific amount of . in terminology between a Mortgage and a “Mortgage” or Promissory Note or . of Florida this mortgage/collateral document is referred to as the “Deed of Trust.” . http://www.recsfl.com/consumer-services/typical-documents-you-will-see-at-the-closing-table/ Mortgage deficiency judgments in Florida In Florida, a mortgage foreclosure does not automatically result in a deficiency . collect upon the promissory note or personal guarantee of a business loan. http://www.alperlaw.com/asset-protection/mortgage-foreclosure-deficiency-judgment/ You closed on/before 1/1/2009 Your mortgage is for your primary residence warehouse rental essex
Home Affordable Foreclosure Alternatives (HAFA) — Deed in Lieu DEFENDANT, MARCO SERNA'S MOTION TO ... - NazarethLegal.com Plaintiff states it now owns and holds the Note and Mortgage referred to in its complaint. 3. . In order to recover on a promissory note, the Plaintiff must prove: . Plaintiff attaches a mortgage to the complaint in compliance with Florida. Rule of . http://www.nazarethlegal.com/userfiles/Everett,%20Peter%20and%20Barbara-MOTION%20TO%20DISMISS-NO%20NOTE%20II%20(Sample).pdf	You don't qualify for HAMP You couldn't sell your home through a HAFA Short Sale 12B-4 (3) Note Executed in Florida: A note mailed to a bank in another state and . to mortgage, the grantee is not responsible to the holder of the promissory note for . https://www.flrules.org/gateway/readFile.asp?sid=0&type=1&tid=1287110&file=12B-4.053.doc You closed on/before 1/1/2009 Your mortgage is for your primary residence jobs with applied psychology degrees

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How To Argue Florida Assignments To Judges « Discovery Tactics
Mar 29, 2011 . Find those cases first and if you can't and have to use other Florida cases, show . Plaintiff is in possession of the original Promissory Note and we are prepared . WM Specialty Mortgage requires that, whatever the form of the .
http://discoverytactics.wordpress.com/tactics-strategies/how-to-argue-florida-assignments-to-judges/

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The Mystery of the Missing Promissory Note - Farr Law Firm
In the context of a mortgage foreclosure, the original promissory note is . judgment takes the place of the note, and to prevent the possibility of another . 673, of the Florida Statues, both provide statutory authority for the reestablishment of .
http://www.farr.com/wp-content/uploads/files/2011_06June.pdf

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Rubin on Tax: PROMISSORY NOTE ENFORCED WITHOUT DOC ...
Jan 12, 2010 . Florida imposes documentary stamp taxes on promissory notes and other . in regard to enforcing mortgages, evidences of indebtedness, and .
http://rubinontax.blogspot.com/2010/01/promissory-note-enforced-without-doc.html

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FUBAR Mortgage Behavior: Florida Banks Destroyed Notes; Others ...
Sep 27, 2010 . In 45 states, the mortgage is a mere accessory to the note; you must be the . I assume they'll push Florida methods and worse as far as they can. . have an obligaton to perform as stated in the promissory note which should .
http://www.nakedcapitalism.com/2010/09/more-evidence-of-bank-fubar-mortgage-behavior-florida-banks-destroyed-notes-others-never-transferred-them.html

Concerns about your Loan Modification or Short Sale

Legal Issues On Enforcement Of Promissory Notes | MyFDL
Oct 20, 2010 . The Dog Ate My Note And/Or Mortgage » . a promissory note, and the promissory note is secured by a mortgage on the home. . How exactly do you know that the development of RICO cases in Florida is not being done?
http://my.firedoglake.com/masaccio/2010/10/20/legal-issues-on-enforcement-of-promissory-notes/

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Mortgage Fraud Assessment - Sarasota Herald-Tribune
The Florida Department of Financial Services, Office of Financial Regulation . mortgage, mortgage note, promissory note or other instrument evidencing a debt .
http://www.heraldtribune.com/assets/pdf/SH17330717.PDF

Foreclosure Defense Attorney Orlando 33442 Deerfield Beach ...
Lost Original Note – The Florida Rules of Civil Procedure require that a Bank file the Original Mortgage and Promissory Note with the Court before the Bank can .
http://www.noblelawfirmpa.com/orlando_deerfield_beach/attorneys_32801_33442/foreclosure_defense.html

817.54 - Statutes & Constitution :View Statutes : Online Sunshine
Any person who, with intent to defraud, obtains any mortgage, mortgage note, promissory note or other instrument evidencing a debt from any person or obtains .
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0817/Sections/0817.54.html

State of Florida, January Term, AD 2011 - Third District Court of Appeal
Jun 22, 2011 . The Promissory Note and the Mortgage merged into the final judgment upon its entry. “This occurs as a matter of well-settled Florida law.
http://www.3dca.flcourts.org/Opinions/3D10-1099.pdf

Florida Law: How Do You Assign a Mortgage? mortgage debt ...
(1) An assignment of a mortgage upon real property or of any interest therein, is not . interest in a mortgage upon real property and in a promissory note or other .
http://thetamparealestateinsider.com/financing-and-mortgage-news/florida-law-how-do-you-assign-a-mortgage/

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Florida Laws: FL Statutes - Title XIV Taxation and Finance Section ...
Mar 26, 2010 . Florida Laws: FL Statutes - Title XIV Taxation and Finance Section . 201.09 Renewal of existing promissory notes and mortgages; exemption.
http://law.onecle.com/florida/taxation-and-finance/201.09.html

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View Entire Chapter - Statutes & Constitution :View Statutes : Online ...
Official Internet Site of the Florida Legislature . The 2012 Florida Statutes . 697.06 Prepayment of note. . 697.10 Liability for error in mortgage deed or note. . with the mortgage, separate assignment of rents instrument, or promissory note, .
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0697/0697.html

Marsha Ewing - Clerk of the Circuit Court - Martin County, Florida
Marsha Ewing, Clerk of the Circuit Court, Martin County, Florida . Stuart, Florida 34994 (772) 288-5576 . Mortgage Notes, Promissory Notes and Contracts .
http://clerk-web.martin.fl.us/ClerkWeb/publicRecords/feesRecording2.htm

Robert McLean v. JP Morgan Chase - Fourth District Court of Appeal
Dec 14, 2011 . DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA. FOURTH . alleged that McLean had defaulted under the note and mortgage, and . not in possession of the subject Promissory Note and [Chase] cannot .
http://www.4dca.org/opinions/Dec%202011/12-14-11/4D10-3429.op.pdf

DEFICIENCY JUDGMENT? SHORT SALE PROMISSORY NOTE? or ...
Nov 14, 2010 . A negotiated promissory note is DEFINITELY better than a deficiency . In Florida (check other states) you can enjoy each of the above for 20 full years . FANNIE- MAE underwritten mortgages cannot be obtained until 5 years .
http://markalanadams.com/slider/431/

12B4-002 - Revenue Law Library
Apr 5, 2012 . ISSUE: Amended and Restated Note and Mortgage, Assignment of Mortgage . QUESTION: With respect to an existing promissory note assigned to . Assistance Advisement under Chapter 12-11, Florida Administrative Code .
https://revenuelaw.state.fl.us/LawLibraryDocuments/2012/04/TAA-5919_DOC%20TAA%2012B4-002.pdf

BOOM! Mortgage Promissory Notes Are NOT NEGOTIABLE ...
Jul 7, 2012 . Mortgage Promissory Notes Are NOT NEGOTIABLE INSTRUMENTS…..ONE OF FLORIDA'S BEST JUDGES FINDS… . along with the mortgage and the enforcing authority, pursuant to an assignment of mortgage or some .
http://whatreallyhappened.com/content/boom-mortgage-promissory-notes-are-not-negotiable-instruments%E2%80%A6one-florida%E2%80%99s-best-judges-find

Sue The Banker: Foreclosure Defense and Quiet Title Actions
We have law offices in Indiana and Florida. . DID NOT OWN THE MORTGAGE/ DEED OF TRUST AND PROMISSORY NOTE AND SHOULD NOT BE ALLOWED .
http://suethebanker.com/

Must Have Promissory Note Cases
Must Have Promissory Note Cases. McCay v. Capital Resources Company, LTD. . cause of action to enforce missing promissory note or foreclose mortgage, in . promissory instrument as is expressly required by section 90.953(1), Florida .
http://mortgage-home-loan-bank-fraud.com/legal/must-have-promissory-note-cases.pdf

FL 5th DCA – Judgment Reversed – Promissory Notes for Which ...
Aug 13, 2010 . For example, in Owens v. Blitch, 443 So.2d 140 (Fla. 2d DCA 1983), the trial court refused to admit a promissory note into evidence because .
http://4closurefraud.org/2010/08/13/fl-5th-dca-judgment-reversed-promissory-notes-for-which-documentary-taxes-have-not-been-paid-are-as-a-matter-of-law-unenforceable-by-any-florida-court/

FLORIDA RECORDING REQUIREMENTS
real property and in a promissory note or other right to payment or performance secured by that mortgage. The assignment of such a mortgage need not be .
http://livinglies.files.wordpress.com/2008/10/florida-recording-requirements.pdf

Audit Reveals Putative Lender Did Not Exist And Hence The ...
Jan 26, 2011 . The putative lender on the promissory note and mortgage is “Manhattan Mortgage Services, a Florida Sole Proprietor” and, of course, MERS is .
http://www.deanmostofi.com/?p=1383

CIVIL DIVISION MORTGAGE ELECTRONIC ... - Florida Legal Services
of the server it is the present owner and constructive holder of the promissory note and mortgage. Paragraph 20 alleges plaintiff is the agent —— plaintiff as .
http://www.floridalegal.org/Umbrella%20Groups/MERS/MERS1.PDF

Concerns about your Loan Modification or Short Sale

State of Florida, January Term, AD 2012 - Third District Court of Appeal
Jan 18, 2012 . Florida Default Law Group and Erin M. Berger; Roberta Kohn, for appellant. Mortimer H. . applicable Note and Mortgage with standing to bring suit. . Rodgers executed the promissory note and mortgage on June 25, 1999.
http://www.3dca.flcourts.org/Opinions/3D10-1852.pdf

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Mortgage Foreclosure Defense Lawyer Orlando FL - Kramer Law Firm
Lender Violations of Federal or Florida Law; Lender's Failure to make required . Plaintiff does not own the Promissory Note or Mortgage; Lender engaged in .
http://www.mykramerlawfirm.com/foreclosure-defense/

Defendant's Memo on Assignmetns of Mortgage - Mattweidnerlaw.com
IN AND FOR pinellas county, FLORIDA . A mortgage is a mere incident of, and ancillary to, the note or other obligation secured thereby, and an . mortgage and 2) the promissory and while we speak of “foreclosing a mortgage”, it is the .
http://mattweidnerlaw.com/blog/wp-content/uploads/2012/05/Seymour-Defendants-Memo-on-Assignmetns-of-Mortgage.docx

Florida Foreclosure Act - rightonthemoney2012.com
"Thousands of vacant homes across South Florida have deteriorated into eyesores that violate local health and safety laws, depress property . out-source mortgage default services to “Robo-Signers” of lost “wet ink” promissory note affidavits .
http://www.rightonthemoney2012.com/foreclosureact.html

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How to Make the Lender Produce the Promissory Note | eHow.com
The promissory note is a document that the homebuyer signed at closing and that represents a kind of guarantee of mortgage payments. If the homeowner is .
http://www.ehow.com/how_5869622_make-lender-produce-promissory.html

Eugene Sims and Christine Sims - Third District Court of Appeal
May 26, 2010 . The alternative choice, Florida law, necessitates reversal of the final judgment. Our study of the promissory note and mortgage documents, in .
http://www.3dca.flcourts.org/Opinions/3D08-0133.pdf

612 F.2d 227
TO THE SUPREME COURT OF FLORIDA AND THE HONORABLE JUSTICES . City and transferee of the ownership of all the bank's debts, notes and mortgages, . and delivered in New Orleans, Louisiana, two promissory notes payable on .
http://bulk.resource.org/courts.gov/c/F2/612/612.F2d.227.77-3256.77-3255.html

SEC Enforcement Actions Against Ponzi Schemes - Securities and ...
With little or no legitimate earnings, Ponzi schemes require a constant flow of money . high returns for investors in two mortgage investment funds but paid them in part . Gurudeo “Buddy” Persaud – SEC charged a former broker from Orlando, Fla., . high-interest promissory note program to fund the company's operations.
http://www.sec.gov/spotlight/enf-actions-ponzi.shtml

201.09 - - 2012 Florida Statutes - The Florida Senate
201.09 Renewal of existing promissory notes and mortgages; exemption.—. (1) When any promissory note is given in renewal of any existing promissory note, .
http://www.flsenate.gov/Laws/Statutes/2012/201.09