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Fight Foreclosure: Produce the Note How-To

January 3rd, 2010 by Rey


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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25 Responses to “Fight Foreclosure: Produce the Note How-To”

  1. momoturb0 says:

    Sounds like you where kidnapper, with an aggrervetied assault. Check out Randy Calvin. Or You Tube ( Alix Jones freemanstrawman the rule of Law 1-7) And start reading your state statutes. But also remember we are also under ucc law.

  2. AceOfHeart2012 says:

    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?

  3. drmoogala says:

    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!

  4. wildpeachatl737 says:

    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?

  5. ELDODAVE says:

    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!

  6. ELDODAVE says:

    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.

  7. stupidtreehugger says:

    “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.

  8. Wishlist2day says:

    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.

  9. Wishlist2day says:

    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.

  10. Wishlist2day says:

    Some guy was preachin the same shit in Las Vegas. He lied and told everyone of his clients that he was an attorney and they paid him money for this shit. 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.

  11. watchingbird says:

    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

  12. wildpeachatl737 says:

    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.

  13. frontier1701 says:

    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…

  14. consumeradvocate101 says:

    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.

  15. frontier1701 says:

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

  16. kaywynn says:

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

  17. HolyHannah says:

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

  18. rmdm3525 says:

    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?

  19. eyewitness043 says:

    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

  20. banjojambo9 says:

    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

  21. juliovargas6 says:

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

  22. RandyFricke says:

    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.

  23. femmepen says:

    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.

  24. layed39 says:

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

  25. lilmzaly says:

    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.

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