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Requirements to Foreclose

In order to foreclose a Mortgage, the Plaintiff, (a Trustee, mortgage servicer, Bank or Individual) must prove 5 things in order to prevail. We will have links to each element.

Elements of Proof

The Five Elements of Proof:

1. There is a BINDING CONTRACT between the homeowner and the Plaintiff or the entity he legally represents.

2. That the Plaintiff owns the Promissory Note

3. The Lender has performed as agreed.

4. The Homeowner is in default of the Mortgage and Note.

5. The Plaintiff has suffered actual Damages.