crcmnot, you need to ask your legal counsel. Also, read your note language. Our Modifications, for instance, specifically say this does not extinguish or replace the original obligation. Language is key to determining what you really have.
There is typically a difference in language between a note generated for a refinance vs renewal, but you must determine how yours actually reads.
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My opinion only. Not legal advice.
Say you'll haunt me - Stone Sour