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What happens when a lender can’t produce the original note?
If you're behind in your mortgage payments or facing foreclosure, please read this blog written by Rick D. Misitano, Senior Paralegal,Law Offices of James M. Bosco & Associates in Massachusets.  I've heard of homeowners using this strategy and wanted to pass this along to our readers as well.
A growing number of homeowners around the country are using a foreclosure defense that may help them retain their homes. It’s called “Produce the Note” (as also being jointly advocated by Terry Smiljanich and The Consumer Warning Network) and we want you to know this is not a mere technicality that should be treated lightly by mortgage lenders or by the Courts. Everyone needs to understand the importance of this issue. When a lender can’t produce the original note, allowing a foreclosure to proceed puts the homeowner at risk of owing that debt again to another party in the future. Therefore, great caution must be taken before a judge can allow someone who can’t produce the original note to cash in on your home. What if Your Lender CAN’T Produce the Note? So, what happens when the lender tells the Court it can’t produce the original note, because it is lost? Let’s start with ... more

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