Then there is only one question to answer: Are you actually underwater - that is, functionally bankrupt?
If the answer is "Yes" then you need to head down to a Bankruptcy Attorney right now, find out whether you live in a state where the bankruptcy court will force the prove-up of debts to be done according to the black letter of the law, and if that's true, and you qualify for Chapter 7, stick it to them.
This may not work for Chapter 13, and those wonderful banks lobbied hard to change the law so that you can't choose which way you go any more to anywhere near the degree you used to be able to.
Incidentally, as was pointed out to me by Steph over at FedUp, if you're unemployed or under-employed you need to do this NOW, because it dramatically changes your standing with regard to qualifying for Chapter 7 rather than Chapter 13!
But for many people today, especially those in the lower-middle class and under who have been far-more seriously preyed upon by the financial industry than those of g
http://market-ticker.org/akcs-www?post=170008reater means, this avenue remains available - and if the bank that allegedly holds your mortgage can't prove it up, well..... welcome to the ownership society - for real this time.
http://market-ticker.org/akcs-www?post=170008Denninger is saying that if the courts in your state will not let you sue the banks that do not even have your note,
then use bankruptcy courts, which will also force the banks to produce the note or else they cannot charge you for the loan.