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Fighting against Foreclosure

Posted by dave_donhoff ( on
Wed, Feb 25, 09 at 15:22

Fighting against Foreclosure
Fighting against Foreclosure


A. If your lender has already filed suit to foreclose on your home:

1. Use the first form. Its a fill-in-the-blank legal request to your lender asking that the original note be produced, before it can proceed with the foreclosure. In some jurisdictions, the courts require the original request to be filed with the clerk of court and a copy of the request to be sent to the attorney representing the lender. To find out the rules where you live, call the Clerk of Court in your jurisdiction.

"Request For Production of Document" - Legal Template
"Request For Production of Document" - Legal Template

2. If the lenders attorney does not respond within 30 days, file a motion to compel with the court and request that the court set a hearing on your motion. That, in effect, asks the judge to order the lender to produce the documents.


3. The judge will issue a ruling at your hearing. Many judges around the country are becoming more sympathetic to homeowners, because of the prevalence of predatory lending and servicing. In the past, many lenders have relied upon using lost note affidavits, but in many cases, thats no longer enough to satisfy the judge. They are holding the lender to the letter of the law, requiring them to produce evidence that they are the true owners of the note.

Read LOTS more at the following link!
How to use the "Produce The Note" demand

Dave Donhoff
Leverage Planner

Follow-Up Postings:

RE: Fighting against Foreclosure

Dave, thanks for the great information. You are such a wealth of knowledge. I hope this will help at least a few homeowners.

RE: Fighting against Foreclosure

You guys misunderstood. Gammyt meant the processed meat, thinking this was a recipe forum.

Eventually the lender will come up with something so this really just delays the inevitable. Another tactic is to file a dispute when the bank dings your credit. The credit agency is not supposed to allow a derogatory under dispute. I have a friend trying this for some income property and the credit bureau is saying its between her and the lender. The ding remains. Whether this does anything or not, again, it wont change the ultimate outcome.

RE: Fighting against Foreclosure

quote" Dave, thanks for the great information. You are such a wealth of knowledge. I hope this will help at least a few homeowners. "quote

Your an INCREDIBLE asset to this forum. I've learned quite a bit from your replies.

I have a couple of friends and a few families I've built pools for in the pre-foreclosure position.
This is great information that they can all utilize to assist them in their predicament.


See ya,

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