Produce the Note!
By Greg Hunter’s USAWatchdog.com
I was on the nationwide overnight radio show, Coast to Coast AM, last week to talk about the real estate crisis. The topic of foreclosures naturally came up, and I told people to make sure you ask the judge in the foreclosure proceeding to force the bank to “produce the note.” That is the legal document called a promissory note that someone signs for the loan for a certain property. I got several email inquiries about this subject from people like Nick who said, “I just started foreclosure Feb 2010. My loan is with Citimortgage. Where can I see or how can I get the information you said on Coast to Coast AM about going to foreclosure court and having them produce what document. The original loan was thru a different company. Any information you could provide would be greatly appreciated.”
I simply ran out of time for a proper explanation because my segment on C to C AM was ending. Please check the video below for what the banks do not want you to know. It is a story I did called “Produce the Note” that originally aired on CNN in June 2008.
Please Support Our Direct Sponsors Below
Who Support The Truth Tellers
About the Author
Greg Hunter
Greg is the producer and creator of USAWatchdog.com. The site’s slogan is “analyzing the news to give you a clear picture of what’s really going on.” The site will keep an eye on the government, your financial interests and cut through the media spin. USAWatchdog.com is neither Democrat nor Republican, Liberal or Conservative. Before creating and producing the site, Greg spent nearly 9 years as a network and investigative correspondent. He worked for ABC News and Good Morning America for nearly 6 years. Most recently, Greg worked for CNN for shows such as Paula Zahn Now, American Morning and various CNN business shows.
Since Greg’s report was aired there have have been some new developments. As everyone in foreclosure knows, banks refer to some “investor” who must approve the workout or modification.
Guess what kids. This “investor” is the person or entity who bought the mortgage. No bank can produce this so-called investor. Not even the investment banks on Wall Street can produce this so-called investor.
Mortgages have been so sliced, diced, chopped, minced and FUBAR’ed there is no actual investor and nobody to represent the investor. Fact is to achieve round numbers in Mortgage Backed Securities (MBS), Wall Street has chopped up mortgages into 3-4 and more parts and any mortgage is often bundled in 3-4 or more MBS
The problem for us little guys is this, even though a bank cannot prove its case by producing a note or the investor, the banks still win about half the time this issue goes before a court.
Why? You ask. The buzz phrase for us working in the trenches is known as “economic bias in the system.” Economic bias is the new racism. It is my particular passion and honestly one we lose more than we win. Finding people with both the stomach and some means for the fight is no easy task.
I could burn this site’s bandwidth with horror stories from the courts. So yes, as Greg says, demand the bank produce the note. Demand the bank produce the investor, the actual owner of the note.
Just don’t play that card to win. You play that card to negotiate a better deal.
Brad,
Since I did the story it has become a national strategy to combate banks in foreclosure. If you are facing foreclosure use the “Produce the note” strategy to get a better deal. Brad you so right on that point.
Greg
Greg,
Great story and a help to people in need. There was an article on the net a few days where a guy finally came up with the balance due on his mortgage and the bank refused to settle because they could sell the property for more. He bulldozed the house to the foundation.
George,
The outrage and desperation is growing.
Greg
Greg-
So did the British lady in the story win and get the fees removed or what? Where’s the followup to this?
Brian,
She was still in the house a year after I did the story. I have a call in to her and will update when I get more info.
Thanks for the question.
Greg
IMHO, they do not have to produce the (original) note, or the (multitude of) investor(s) (if any). The note is recorded at the courthouse. A certified copy obtained from the clerk of court is all the is necessary, along with a paper trail if it was later sold.
The mortgage processor is usually the one, and has the legal authority, to file the foreclosure. Case closed.
You could DELAY everything by insisting that they produce the note, but they would mearly have to go get the certified copy if they had not already done that. There is no need to try to track down the original that may be in a warehouse in another state.
Thinking that someone’s obligation to pay goes away, or the note holder should not be able to foreclose because there is no original present is wrong.
All that said – the only way out is for a total collapse, which BY THEIR ACTIONS is what it looks like they WANT to happen.
SUCK IT UP and live with your original decision to get that overpriced house in the first place. Move on. Be ready for the collapse, and maybe you will be one of the lucky ones that survives to the other side of it.
“When I am president….”
Yep – look for me in the future…. I have the solutions. Many won’t like them…….
Herschell,
You do not know what you are talking about and that is a fact. I have the expert lawyers and foreclosure court cases to prove it. For starters, see the story I did while at CNN: http://www.youtube.com/watch?v=YUZdANb6UaY Also, Google the term “Produce the Note” and you will see it is a current nationwide strategy to fight foreclosure. Thank you for your comment.
Greg
Hi Greg,
I just stumbled across your site and am dealing with my lender presently. My situation is that I’m in a liar loan (10 year interest only switching to an adjustable). Never late on a payment for the last 5 years. Values have dropped from the $430,000 I owe to $230,000 making it impossible to refi. Current lender refuses to work with me even on adjusting the terms of the loan to a 30 year fixed. Tried going as high up as the Vice Pres of OneWest Bank and still not even a bite. Do you know of any good attorneys that have proven they know this specific niche and are looking to take on new clients? I have a strong case and lots of documentation put together to prove my side…
Any and all info would be helpful…
Thank you 🙂
Joe T.
Joe T,
I am so sorry, I do not know any attorneys that can help you. It is best to look in the state you live in but that takes some time a research. All the best man. Please kee[ us updated so otheres can learn from you. You might want to try to go to the stopforeclosurefraud.com website and look around there: http://stopforeclosurefraud.com/ I hope this helps you.
Greg
Greg,
I have a question that I hope you can answer. Can I ask my lender to “produce the note” even tho I am not currently in a foreclosure situation? My situation is this: I have been in a six year battle with insurance companies regarding a sinkhole that is affecting my home. The damage to the house is making it increasingly difficult (if not downright dangerous) to live here, and we do not have the means to pay both the mortgage and rent somewhere else. If I stop paying the mortgage (not what I want to do, I just want to live somewhere livable while this is worked out) then my lawsuit goes away. I’m not trying to cheat anyone or not be responsible for my debts, I just want to live somewhere where I do not have a 3 inch gap between the walls and floors because the house has completely separated from the foundation on one side, or where taking a shower is not a daily act of courage because the bathroom floor has separated from the walls and the bathtub is actually at a 25 degree angle and supported by some posts we placed to try to keep it from falling in. Can we somehow hold off the mortgage company long enough to live safely while we wait out this unbelievable battle with insurance? The home next door to me, about 12 feet away, is far less damaged than mine and was taken care of in 9 months. Please advise
S in Florida
S,
I just cannot give you advice from my vantage point. I would tell to sit down with a Florida real estate attorney and pay for his advice. That will help you get an idea of what path to take. Thank you for your comment and question.
Greg