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#2127827 - 04/25/17 02:29 PM Requirement to retain original mortgage and note
Compliance Nut Offline
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Joined: Feb 2016
Posts: 206
Are institutions required by regulation to retain the original executed mortgage and note in paper form?

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Mortgage Servicing Rules
#2127837 - 04/25/17 02:55 PM Re: Requirement to retain original mortgage and note Compliance Nut
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,368
Galveston, TX
For what purpose? Electronic records are State law issue.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2127840 - 04/25/17 03:04 PM Re: Requirement to retain original mortgage and note Compliance Nut
Compliance Nut Offline
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Joined: Feb 2016
Posts: 206
It was just a question that came up....I have always understood that the original signed mortgage and note could be converted into electronic form with no problem, but was challenged on it. Would the secondary market require it?

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#2127850 - 04/25/17 03:24 PM Re: Requirement to retain original mortgage and note Compliance Nut
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,368
Galveston, TX
It depends, but there are requirements for originals for FNMA, etc. depending on the circumstances.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2127942 - 04/25/17 06:47 PM Re: Requirement to retain original mortgage and note Compliance Nut
MBTCompliance Offline
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Joined: Apr 2015
Posts: 347
If you pledge loans to Federal Home Loan Bank they require keeping them.

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#2127944 - 04/25/17 07:11 PM Re: Requirement to retain original mortgage and note MBTCompliance
Sinatra Fan Offline
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Joined: Jul 2002
Posts: 5,568
New Jersey
Once the loan is paid in full, if you do not have the original recorded mortgage, you will need to prepare a separate discharge of mortgage form in order to cancel the mortgage of record (at least, in New Jersey you will; don't know about other states).
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Management is doing things right; leadership is doing the right things. Peter Drucker

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#2128011 - 04/26/17 02:36 PM Re: Requirement to retain original mortgage and note Compliance Nut
TomTom Offline
Member
Joined: May 2014
Posts: 61
I second the Federal Home Loan Bank requiring originals. We've been told to keep originals for that reason by our general counsel.

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