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If banks can't produce the original mortgage documents, they can't foreclose - a strategy that [View All]

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lindisfarne Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Sep-22-09 09:05 PM
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If banks can't produce the original mortgage documents, they can't foreclose - a strategy that
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Edited on Tue Sep-22-09 09:18 PM by lindisfarne
could help some DUers ...

Modern-day home mortgages have been so sliced and diced by rapacious financiers that some homeowners are successfully delaying -- or even blocking -- foreclosures through the simple tactic of demanding that banks produce the original mortgage note, which amazingly enough is often not so easy for them to do.

As the foreclosure rate continues to set new highs, a little-noticed legal provision that requires bankers, if challenged, to prove they hold the original mortgage documents before getting possession has spawned a minor homeowner rebellion, alternately called "produce the note" or "show me the note". For homeowners trying desperately to keep their homes, the tactic is one way to buy some time -- and maybe even get the upper hand on the lender.

"You wouldn't imagine that the lenders would be that slovenly that they would not be able to produce adequate documentation of the debt," said House Financial Services Committee member Rep. Brad Miller (D-N.C.). "But apparently a lot of times they really have been unable to."
...
Five years later, some of those homeowners are still in their homes, she says. Because of the missing ownership documentation, Charney is now starting to file quiet title actions, hoping to get her homeowner clients full title to their homes (a quiet title action "quiets" all other claims).

http://www.huffingtonpost.com/2009/09/22/whos-got-the-mortgage-pro_n_294169.html

A "how to" (videos & explanations) here:
http://www.consumerwarningnetwork.com/2008/06/19/produce-the-note-how-to/
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