Foreclosure Defense Mantra “Produce the Note”

2753780884_b8649c5477Many homeowners facing foreclosure find demanding the bank prove they actually home the house subject to mortgage is an effective defense when facing foreclosure.  Althought it is probably only a stalling tactic.  The AP reports on one Florida woman who has not heard back from the bank since she demanded they produce the note (original mortgage document). Meahwhile, she remains in her home.  The website Consumer Warning Network, even provides free forms for the produce the note tactic.

Full story from the AP – Yahoo! News.


3 thoughts on “Foreclosure Defense Mantra “Produce the Note”

  1. Nice post. I like the part about produce-the-note. I live in Tampa and know one person he helped, and it actually worked. Well it did not work like some of the newspapers reporting, but they did get new terms that were very favorable and they were able to avoid foreclosure. It really varries by situation and probably the laws of your state on how far this goes. This site has all the videos they have done. Watch all the videos here:

  2. I live in Florida. I went to the court hearing for final summary judgement to foreclose on my home. I requested to see my original mortgage documents and original note. The judge did not sign their final judgement. It’s been over a year and so far the bank is unable to produce them. They now have 30 days to produce the note. I dont know what the judge will do if they don’t. We’ll see.

  3. This is me with an update. Almost 8 months later, the note remains ‘lost’. Now HSBC is telling my legal aid attorney that they want to give me a modification. I know I should not do it and yet I’m afraid if I don’t I;m taking the chance of losing my home. I’m stalling. I’m confused.

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