The challenges mortgagors use in foreclosure proceedings are based on the requirement that the party foreclosing actually holds the mortgage note and lien.

Question

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Mortgagors often challenge foreclosure proceedings on the basis that the party attempting to foreclose must prove they are the rightful holder of the mortgage note and lien, ensuring that the entity enforcing the foreclosure has the legal authority to do so.

The Challenges Mortgagors Use in Foreclosure Proceedings Are Based on the Requirement