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eric seiger
Sarah Palin's Hair: New Fox <b>News</b> 'Do? (PHOTOS)
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ABC's Letter to Andrew Breitbart - ABC <b>News</b>' Press Room
The post on your blog last Friday created a widespread impression that you would be analyzing the election on ABC News. We made it as clear as possible as quickly as possible that you had been invited along with numerous others to ...
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eric seiger
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Sarah Palin is set to appear on both Fox News and Fox's broadcast channel as an Election Night analyst. For her big night, she appears to have debuted a new hairstyle as well.
ABC's Letter to Andrew Breitbart - ABC <b>News</b>' Press Room
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eric seiger
eric seiger
eric seiger
eric seiger
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ABC's Letter to Andrew Breitbart - ABC <b>News</b>' Press Room
The post on your blog last Friday created a widespread impression that you would be analyzing the election on ABC News. We made it as clear as possible as quickly as possible that you had been invited along with numerous others to ...
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Stop foreclosure in its track by taking advantage of this little-known, but recently widespread method to save your mortgage... produce the note!
In a nutshell, you are exercising your right to require your lender to "prove" that you owe them any money! Since most lenders cannot readily produce all of the original mortgage documents, using this technique to save your mortgage/stop foreclosure could well be to your advantage!
How late is too late to use this"Produce the Note" technique, Save your Mortgage, and Stop Foreclosure?
You can fight foreclosure and save your mortgage, even if today is the day of your court hearing! Make your lender "produce the note", and buy yourself some time to catch up on payments, find alternative financing, or negotiate your loan!
By using this "produce the note" techique, you can save your mortgage and stop foreclosure in its tracks. If you have been disregarded, treated like trash, or treated unfairly by your mortgage lender, stand up for your rights and fight back!
Necessary "Produce the Note" Legal Documents to Save your Mortgage and Stop Foreclosure
To help you through the "produce the note" process, here are three documents that you will need to save your mortgage , each of which has been compiled into a template format for your convenience.
First, you will need the LEGAL REQUEST , found here: http://www.consumerwarningnetwork.com/wp-content/uploads/2008/06/legal-request-template.doc.
Next you will need the LETTER TO YOUR LENDER form, found here: http://www.consumerwarningnetwork.com/wp-content/uploads/2008/06/letter-to-lender-template.doc.
Finally, you will need the MOTION TO COMPEL form, found here: http://www.consumerwarningnetwork.com/wp-content/uploads/2008/06/motion-to-compel-template.doc
Use all three of these documents according to the directions found below.
Please note: In some locations, lenders are able to foreclose on properties even without a court appearance. These situations are known as non-judicial foreclosures. You cannot easily save your mortgage in these cases. Even in these locations, you can still use produce the note strategies, but you must take a few additional steps to be successful.
How can the "Produce the Note" Technique Save your Mortgage and Stop Foreclosure
The goal of the produce the note tactic to save your mortgage is to establish ownership of the mortgage note. You want to make sure that the people who are suing you are the legal and rightful owners of the loan note. Each mortgage only has one origination note with your signature. It is this original document that provides the court with proof that you are the individual that owes the debt. If the lender can't produce these documents, you might be able to save your mortage!
During the housing boom, many loans were sold and resold, or sliced up in segments to sell to different investors or as collateral for additional loans. In other cases, slices of the original mortgage were sold as securitized packages for investors on Wall Street. During this housing rush, investors wanted to turn over their investments as quickly as possible in order to get the best profits. Because this turn over happened so quickly, most lenders never received the proper or legal paperwork showing that they are the due and rightful owners of the mortgage or note. This is the primary loophole in the produce the note tactic through which homeowners can save their ,mortgage and homes from foreclosure.
In today's troubled economy, many mortgage lenders are now trying to foreclose on homes. The woes of the housing market can be partly blamed on their own greed and from problems of their own creation. Because of their folly, they cannot provide proof that they have the legal right to foreclose at all! Their folly is to your advantage in this case, as you can use it as leverage and possibly save your mortgage.
Is Attempting to use the "Produce the Note" Worth My Time? Will it Really Save My Mortgage or Stop Foreclosure?
Why should you attempt to save your mortgage or challenge a foreclosure at all? Obviously, there is much at stake if you do not stand up for your rights. If you fail to challenge your lender, the judge will allow the foreclosure to go through. As a homeowner, you must force your lender to be accountable for their reckless, careless, greedy behaviors. Your home is one of the biggest investments you will ever make in your entire life. It is not simply a loan to you, it is your livelihood. Your home represents your dreams, and you will certainly want to save your mortage if at all possible. Yet, your dreams mean nothing to your lender, and in many cases, the papers that represent your dreams have been totally destroyed, lost, or misplaced.
When you receive a notice of foreclosure, you may find that the paperwork also includes what is called the "count to re-establish the note." The wording on your specific document may vary, but in essence it should read something like this: "The mortgage note has either been destroyed or lost and the Plaintiff is unable to state the manner in which this occurred." The loan holder is literally admitting to the court that they cannot prove that they have the legal right to foreclose on your home! Do not allow this disclosure slip by your keen legal radar, as it is in fact your ticket to save your mortgage, and at least stall, if not stop, foreclosure altogether!
Using the "Produce the Note" Technique Preserves your Rights, Save Your Mortgage, and Stop Foreclosure.
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Imagine if you could sue anybody you wanted for money, at any given time, and yet never provide any sort of proof that they owe you. What an amazing money-making opportunity that would be! The mortgage companies are being allowed to take advantage of you in this exact way! Stand up for your legal rights, and make them provide the proof that you owe them! This is the only way that you can even hope to save your mortgage. It's all up to you to do something about it!
If you let your lender get by with a foreclosure, even if they have no proof, then in the future another lender could very well come along and sue you again! That's right, again, on the same mortgage! The new lender, who DOES in fact have the proof of the loan, cannot be denied by the courts! And in their case, there will be no defense or stipulations in your favor. Attempts to save your mortgage, in this case, will be futile.
Shady Lenders Promise to Save your Mortgage and Stop Foreclosure.
Despite all the advertisments that lenders want to "help the homeowner avoid foreclosure", in most cases they are only interested in getting more money out of you such as through interest payments. Lenders are interested in the bottom line, and the bottom line alone. They could care less how they get the bottom line to rise, only that it does. Do not fall victim to these shady lending practices!
Are New, Reasonable Payment Plans the Key to Save your Mortgage and Stop Foreclosure?
Many homeowners have tried to work out reasonable payment plans with their lenders, only to be faced with resistance. You might try to save your mortgage, doing everything by the book, but unless the other party is willing to cooperate there is nothing else that you can do. Lenders are also responsible for the foreclosure, and they know it! They do not want to be held accountable for unfair loans, deceptive loan tactics, hard-sell practices, predatory servicing, or any of the other inappropriate and unprofessional business methods. Most people do not expect to get their homes for free. They just want reasonable terms and decent payment plans, which in turn will help them to save their mortgage from foreclosure. Thankfully, many judges can identify these unscrupulous practices, yet if you do not stand up for your rights and lay claim to the "produce the note" process, the lenders will get away with it! What's more, lenders could care less, because they have already made money off of your high interest rates and numerous and imposed "fees". They used irresponsible lending practices, offered incredible amounts of home financing money, and serviced these loans unethically. Their irrefutable greed has lead to their ultimate demise, as the home foreclosure rate across America continues to rise. If you choose to allow your lender to continue in this practice of foreclosure, namely against your own property, you allow them to further destroy our economy and hurt all of us in the long run! So, take advantage of the "produce the note" technique, and save your mortgage!
Step by Step Guide to the "Produce the Note" Technique. Follow to the Letter to Save your Mortgage and Stop Foreclosure
If there is already a foreclosure case pending:
1) Fill out the LEGAL REQUEST form. File one copy at the court clerk's office. Send another copy directly to whatever lawyer is handling your case.
2) If the lawyers fail to provide the original mortgage note (which happens in most cases) within 30 days of filing, you can then fill out the MOTION TO COMPEL form. This must also be filed with the court clerk. It forces the lender to produce the note by a given court hearing date.
3) At your hearing, if the note is not produced, your foreclosure could be stalled for a lengthy period of time or dismissed all-together. Likewise, because of predatory servicing and lending practices, many judges are more sympathetic towards homeowners. As a result, these simple papers could help you to save your mortgage from foreclosure.
The produce the note tactic is saving thousands of families across the nation from foreclosure. In one example, 14 different foreclosure cases were totally dismissed in New York because the lenders failed to produce the original note.
Here is the direct link to this story, which was posted in the New York Times: http://www.nytimes.com/2007/11/15/business/15lend.html?_r=1&adxnnl=1&adxnnlx=1235588546-lgWpBG0bi2QFhkMFaDApaQ
If your property has not yet been filed against for foreclosure, you can still take action to save your mortgage!
1) Take the LETTER TO YOUR LENDER form, fill it out, and send it to your lender. Likewise, you can choose to keep an original copy for your own records. This letter also requests that the lender produce the note, but the difference is that in this case it is produced before the court date instead of after a case has been filed.
2) If your mortgage lender fails to respond within the 30 days allotment, and instead files a foreclosure case against you, use the first three steps detailed above.
3) If you do hear back from them, and they do in fact have the original note, make an appointment to speak with them to see it for yourself. Ask them to also show you all documents regarding the history of your loan, starting with this origination note and ending with the most recent agreement(s). You might be able to save your mortgage if, upon inspection of your file, your lender is unable to produce these documents.
You, not your Lender, Must Stop Foreclosure, Save Your Mortage, and Stand up For Your Rights!
If you are one of the countless families across this country who are facing home foreclosure, do not sit back and allow the mortgage giants to steal your dreams out from under you. Fight back and save your mortgage from foreclosure! It is your legal right to require the courts to provide proof in any court case, just as it is your right to make your lenders prove the validity of the loan in a foreclosure proceeding. Do not become the next home foreclosure victim, take action, today!
Likewise, if you know someone who is facing home foreclosure or soon will be, educate them in this process. Print out the templates for them. Help them out!
Finally, on a side note, not only can these methods be used to save your mortgage, but they can also be used against predatory lenders, debt collectors, collection agencies who pawn themselves off as law firms, and others who take you to court for delinquent debts. You will, of course, need to slightly alter the wording of the forms to correspond with the proper type of debt.
sources:
http://www.consumerwarningnetwork.com/2008/06/19/produce-the-note-how-to/
http://www.huffingtonpost.com/2009/09/22/whos-got-the-mortgage-pro_n_294169.html
http://commonlaw.findlaw.com/2009/02/produce-the-note-foreclosure-delay-tactic-can-encourage-lenders-to-negotiate.html
http://abclocal.go.com/kgo/story?section=news/7_on_your_side&id=6839404
http://www.producethenoteattorney.com/
http://www.bripblap.com/2009/produce-the-note/
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