Last month, I posted a blog entry questioning the practicality of the "Produce the Note" strategy for stopping or delaying foreclosure in non-judicial foreclosure states like Washington, Oregon, and California. Since that time, people have contacted me and explain why, in theory, the stategy should work. I already knew the theory, I just hadn't seen significant positive results.
The “Produce the Note” strategy requires the lender to prove it has the actual authority to foreclose, by requiring it to produce the original promissory note. Many mortgages were sold off to other lenders or servicers or sliced up and sold to investors as securitized packages on Wall Street. In the frenzy of turning these over as fast as possible to make the most money, many of the new lenders did not get the proper paperwork to show they own the note and mortgage.
Some people claim that using this strategy can delay a foreclosure, but for how long? Others claim that if the bank cannot produce the original promissory note for your mortgage, the debt is invalid and you can get your house free and clear.
Some of the primary articles and posts referencing this strategy can be found at:
The Consumer Warning Network, June 19, 2008: Produce The Note “How-To”
The Consumer Warning Network, March 5, 2009: How to use “Produce the Note” in Non-judicial Foreclosure States
FindLaw, February 27, 2009: Produce the Note: Foreclosure Delay Tactic Can Encourage Lenders to Negotiate
ABC News, February 17, 2009: Homeowners' Rallying Cry: Produce the Note
I'm not looking for references to the attorney in Florida that has helped 17 clients delay foreclosure (out of how many thousands of foreclosures?), or the judge in Ohio that threw out 14 foreclosure cases in 2007 because the lenders couldn't produce the promissory notes (that was two years ago--What about now?), or the one couple in California that got the bank to postpone the foreclosure because the bank couldn't locate the original note (which all articles fail to mention that the couple was also in the midst of Chapter 13 bankruptcy at the time).
This strategy has been around for years. If you have had personal experience using the "Produce the Note" strategy in a non-judicial foreclosure state, please share your experience.
Authored by David Monroe, Realtor and Pre-Foreclosure and Short Sale Specialist.
Access Seattle area short sale help and foreclosure resources including selling in foreclosure, and 8 Ways to Avoid or Stop Foreclosure.
Copyright (c) 2009 by David Monroe (Home4Investment Team at Keller Williams Seattle Metro West).
"Produce the Note" Strategy - Any Success Stories?