The “produce the Note” defense is used by the homeowner to demand that the foreclosing party prove a legal right to the mortgage payments under the promissory not connected ti the mortgage. This technique of showing ownership to the debt buys time for the homeowner. The “produce the note” defense works better than good for states with judicial rather than a non-judicial foreclosure.
In a state that is considered a judicial foreclosure, a lawsuit is filed by the foreclosing party. As a response, the borrower can present the “produce the note” defense. If the owner does not defend for ownership of the debt in the legal action by defending the foreclosure, the court will not bring it up, and it is lost forever. In a state that is considered non-judicial, the lender does not file a lawsuit. It is up to the borrower to commence the lawsuit, which is deemed to be expensive, with all the charges connected to it. Non-judicial foreclosure is more demanding for the homeowner to fight in keeping their home
While all this is true, it is not safe to assume that sending a letter asking for the note will stop any foreclosure. But it will give the homeowner more time in his home. You should get in touch with an attorney who specializes in foreclosure to explore the defense along with other claims to stop the foreclosure process.
For information on foreclosure defense call us at (877) 399 2995. We offer litigation document review support, mortgage audit reports, securitization audit reports, affidavit of expert witness notarized, and more.
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