Fight Foreclosure: Produce the Note How-To

by Tony on July 4, 2009

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.

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Related posts:

  1. Produce the Note – Fighting Foreclosure – CNN
  2. Fight Foreclosure: Make ‘Em Produce The Note!
  3. Success Fighting Foreclosure with Produce the Note

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{ 23 comments }

1 lastimeichecked June 21, 2008 at 12:29 pm

This is very helpful. Thank you. It’s a scary time. I hope this will work.

2 cocoling722 June 27, 2008 at 2:46 pm

Great!

3 cocoling722 June 27, 2008 at 2:50 pm

Great!

4 tiptoe01 July 8, 2008 at 1:19 am

what if they already took your home?

5 GiveMeLiberty2 July 9, 2008 at 4:08 pm

“Campaign for Liberty dot c o m”.

6 lilmzaly July 17, 2008 at 9:24 am

Remember everybody that since they do not have the note anymore(because they already sold it and they already have the funds from the selling of the note, meaning that your house is already paid for),they are committing fraud + postal fraud. Banks(ters) already know that your house is already paid for and when they foreclose they are stealing your property. Call the postmaster and ask them what you should do when someone is commiting postal fraud and take the bank to court.

7 lilmzaly July 17, 2008 at 9:28 am

To understand why your house is already paid for, you have to understand that the “Note” itslef is a Negotiable Instrument, meaning that it can be sold. Actually the bank has 48hours to sell the note once you signed it and they do sell it. Now they have the funds, but they don’t tell you, actually the funds are put into a trust account under your name, you have to call the bank & ask for the funds and then take the funds and pay them. Do it in writting.

8 whitebranch August 19, 2008 at 5:59 pm

Your comments are very informative. Thank you for them. How is the sale of the note, and the later foreclosure linked to theft of title? Is it essentially the same thing?

9 lilmzaly August 24, 2008 at 11:57 am

1)They are not stealing it, you left when they said they were going to foreclose,so they found it abandoned, now they fill out IRS form 1009A(for abandoned “things”) and they keep the funds of the note and the propery 2)The house is already yours, check public records; you are also the trustor, so you can actually change the trustee and the beneficiary and the new Trustee can give you a full reconveyance. You then must move the property out of your name into a private trust.

10 layed39 September 25, 2008 at 10:24 am

Can you send a sample letter to write to mortgage to get the funds and pay them. I sent you a personal message.

11 femmepen November 27, 2008 at 7:17 pm

Am I correct in understanding that you are saying that when the note was sold, a full crediting for the balance of my mortgage was put in a trust under my own name and the funds can be lawfully transferred back to clear the mortage? And the “bank” would be your lending institution, or what else? You seem to be very keen and unbelievably insightful, and we thank you.

12 RandyFricke November 30, 2008 at 9:19 pm

I did all that. But when the judge and the attorney for the bank are fuck 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 ASS RAPING!!! You’re a sick man.

13 juliovargas6 December 10, 2008 at 10:32 am

If you have a sample letter i would be interested in recieving a copy
Thanks for the info

14 banjojambo9 December 27, 2008 at 9:32 am

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

15 eyewitness043 January 18, 2009 at 2:07 pm

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

16 rmdm3525 February 1, 2009 at 10:25 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?

17 HolyHannah February 18, 2009 at 6:53 am

How is it that they are committing postal fraud? Could you explain that in a bit more detail please?

18 kaywynn March 8, 2009 at 12:34 am

i think they have to produce the original note with your actual signature. no photocopies.

19 frontier1701 April 9, 2009 at 12:08 pm

Sorry… this strategy does not work in the real world!!!!… Maybe in your pretend world it does…

20 consumeradvocate101 April 22, 2009 at 9:24 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.

21 frontier1701 April 23, 2009 at 3:48 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…

22 wildpeachatl737 April 26, 2009 at 9:53 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.

23 watchingbird June 25, 2009 at 10:57 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

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