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#437162 - 10/07/05 05:20 PM Retainment of original Home Equity Note
michellecc Offline
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michellecc
Joined: Sep 2003
Posts: 128
Southern New England
Are there any state laws or regulations that require the original HE Note be kept in a fireproof vault? Presently, we keep the original filed in a vault and a copy resides in the file. We would like to keep the original in the file and keep a copy in a regular file cabinet. Someone here seems to recall that the Note must be kept in a fireproof vault with a copy in the file. I'm looking for guidance. Thank you.

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#437163 - 10/08/05 01:10 PM Re: Retention of original Home Equity Note
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
The purpose of retaining the orginal note in a fireproof vault is to protect the lender. Although state laws will normally allow a lender to pursue a borrower for payment using a copy of the original (if made and maintained in the ordinary course of business), it's clear that the original note is the preferred evidence of the debt.

I recommend keeping the original in the vault.
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John S. Burnett
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