Fight Foreclosure: Produce the Note How-To
July 3, 2010
consumerwarningnet asked:
Facing foreclosure? Info at www.consumerwarningnetwork.com may help. Your goal is to make certain the institution suing you is, in fact, the owner of the note. There is only one original note for your mortgage that has your signature on it. This is the document that proves you owe the debt.
22 Comments
by momoturb0 on July 4, 2010 at 9:10 pm
Sounds like you where kidnapper, with an aggrervetied assault. Check out Randy Calvin. Or You Tube ( Alix Jones freeman\strawman the rule of Law 1-7) And start reading your state statutes. But also remember we are also under ucc law.
by AceOfHeart2012 on July 5, 2010 at 11:01 pm
Hey I did that. I was one of the pioneers in the “produce the note” technology here in La Crosse Wisconsin and the judge, Dale Passell (aka bench pirate reptilian Saturn worshipping lawyer in a black dress) kept saying: “Duly noted.” Crook! I didn’t abandon my home. I was forcibly extracted on June 28, 2007 when a 30 man SWAT team from the local Gestap, I mean, Sheriff’s Department broke in and hauled me out in shackles. Anyone know how to get one’s house back after it’s been seized?
by drmoogala on July 7, 2010 at 10:34 pm
Here is acrazy idea;Don’t buy things you can’t afford! Duh! If only we had a moronic negro to handle these unprecedented problems,oh wait we do,God help us!
by wildpeachatl737 on July 8, 2010 at 3:51 am
You might want to read the language in the deeds/mortgages that consumers have signed and get back to me on that. MERS is definitely a legal entity and the assignments are valid. Why do you think it was created, as banks/financial institutions saw this potential loophole and effectively closed it? Has MERS been challenged in any court yet? If so, what was the outcome?
by ELDODAVE on July 9, 2010 at 10:58 am
No! the problem is that with MERS being the new bearer of the Promissory note, it is unlawful since MERS is simply a software program and not a legal entity. These are uncharted waters and now is the time for the consumer to Fight Back. Make them produce the note…they can’t!
by ELDODAVE on July 12, 2010 at 1:32 am
This does work. During the recent Real Estate Boom years, many lenders, if not most, in order to process as many loans as possible, and then turn around and sell them into the secondary loan market, created shortcuts, many of which are legal violations that you the homeowner, whether you are current or in default, can use these violations to fight your lender legally, with the letter of the law on your side.
by stupidtreehugger on July 14, 2010 at 2:57 am
“They will take a bigger hit than you.” Really? What is it all over the net ignorant buckwheats authoritatively telling you the most erroneous things!? Don’t listen to (newbie empty-hompage)Wishlist2Day he’s obviously some bankster shill arsewipe who wishes we’d all just give all our property and chattel to the banksters and work continuous consecutive shifts in underground factories living on mud gruel.
by Wishlist2day on July 16, 2010 at 3:34 pm
No it doesn’t. It doesn’t give you anymore time than anything else. They will eventually foreclose on you, even if you are using an attorney for this. Just try to work it out with your lender. If they wont budge and you are upside down on your mortgage… Just walk away and let them have the home. They will take a bigger hit than you.
by Wishlist2day on July 19, 2010 at 8:13 pm
frontier1701
You hit the nail right on the head. Attorneys and loan modifications scammers will tell you this to get an up front fee from you. I say if you are upside down in your home and you cannot modify your loan with your lender.. Walk away from the home and move on with your life.
by Wishlist2day on July 21, 2010 at 1:02 am
Some guy was preachin the same **** in Las Vegas. He lied and told everyone of his clients that he was an attorney and they paid him money for this ****. Then we all heard on the news that he was arrested and his office was closed down. If you are so upside down in your home and your lender will not modify your loan, walk away from the house. They will lose more than you will on the home.
by watchingbird on July 23, 2010 at 8:54 am
watch out if you have any debt with chase credit cards, they just hit me with an increase from 2% of my monthly balance to 5% of my monthly balance starting in August 2009
Since I owe them a large amount of money this is going to increase my minimum payment 250%: OUCH
by wildpeachatl737 on July 25, 2010 at 9:41 am
The problem with this approach is that many lenders register their mortgages through MERS (Mortgage Electronic Registration System) which automatically transfers assignments of deeds/mortgages at the applicable county courthouses.
Bottom line, check the chain of ownership of your property by either going to the courthouse yourself or have a title abstract or opnion of title performed. You should have an unbroken chain of ownership and if you don’t, you have a better chance of fighting.
by frontier1701 on July 27, 2010 at 6:51 pm
Yes…. This tactic will slow down a foreclosure but you’re not gonna get the house for free… In the end the lender will get the house thru the court system… It will just take them 3-6 months more (while you live there for free)—-To lead homeowners to believe the court is going to “forgive” the debt because the lender cant produce the original note is just plain foolish…. but thats what
“illegalfuture” would have everyone think…
by consumeradvocate101 on July 28, 2010 at 8:32 am
With more and more people trying this, word is the lenders are choosing to put folks who use “produce the note’ on the backburner and work on foreclosing on people who don’t fight back. It buys time and gives you leverage to negotiate better terms.
by frontier1701 on July 31, 2010 at 7:21 pm
Sorry… this strategy does not work in the real world!!!!… Maybe in your pretend world it does…
by kaywynn on August 2, 2010 at 12:33 pm
i think they have to produce the original note with your actual signature. no photocopies.
by HolyHannah on August 4, 2010 at 10:58 pm
How is it that they are committing postal fraud? Could you explain that in a bit more detail please?
by rmdm3525 on August 7, 2010 at 6:53 pm
My lender sold my note. If they produce a note from a refi a couple of years ago the right note? Or does the note have to be from the first loan when originally buying the home?
by eyewitness043 on August 10, 2010 at 8:06 am
I could be wrong, but I belive that most of the loas created in this mess were fraudelent by virtue of the fact that NO CONSIDERATION existed prior to sighning the ‘promis to repay’.
It is illigal to use a loan contract or “debt” as CONSIDERATION because “debt” does not exist and is not leagal tender.
I encourage everyone who’s interested in this to also research: National Bank of Montgomery vs. Jerome Daly
by banjojambo9 on August 13, 2010 at 12:54 pm
has anybody in the usa tried this and had it work? I find it suspicious out of a million foreclosures this year nobody has posted on this video
by juliovargas6 on August 13, 2010 at 10:33 pm
If you have a sample letter i would be interested in recieving a copy
Thanks for the info
by RandyFricke on August 17, 2010 at 5:27 am
I did all that. But when the judge and the attorney for the bank are **** buddies and the judge just kept saying “duly noted”. When I pressed the judge just kept saying “duly noted”. I think this guy is bogus. It sure didn’t work for me against ASSOCIATED BANK and its attorney John Cravens and judge Darrell Pascell in LA CROSSE WISCONSIN in October of 2005. Ahhh hey, pass the KY there willya Darrell? Me bung is a wee bit raw from your *** RAPING!!! You’re a sick man.