I presume that when you state you are not "on the note" that you mean you did not sign the promissory note and are not obligated on the debt. If so, you are fortunate in that the lender cannot pursue you for repayment of the indebtedness evidenced by the note. However, since you indicate that you are a co-owner of the property and executed the mortgage so that the lender could properly perfect its lien, then if your friend fails to make the note payments, you will be named in the foreclosure action so as to remove any rights you have in the property. If the lender has a properly perfected first mortgage, then the lender's lien is superior to any interest you have in the property.
Since you are not the borrower, the federal privacy laws that are supposed to protect the borrower prohibit the lender from providing any information about the loan to anyone but the borrower. If the loan is not in foreclosure, the borrower can submit written authorization to the lender for financial information regarding the loan to be shared with you.
I do not know what you mean by the lender not having the "real" documents. If the loan is already in foreclosure, you and your friend should consult with local counsel experienced in foreclosure defense to determine your rights.
The foregoing is specific to the law and procedure in Florida. This response does not constitute legal advice as the facts presented are limited and unstated facts will likely impact your particular situation. This response is intended for general education only and does not create an attorney-client relationship. Please schedule a consultation with a local attorney for more specific and detailed answers to your legal issues.
Answered on Apr 30th, 2012 at 2:26 PM