Best regards,.
Bob Taft
The Taft Ranch
Upton, Wyoming
(307) 465-2206
"We hang the petty thieves and appoint
the great ones to public office." Aesop

From: mary rose
Sent: Tuesday, September 23, 2008 10:33 AM
To: ; Discussion Forum for Global Justice
Subject: Fw: Pls fwd widely: Standing up to the banks: how to challenge your foreclosure

Good morning everyone.  Let's get this out to as many people as

mary rose

----- Original Message -----
From: "TradingPostPaul" <>
To: <>
Sent: Monday, September 22, 2008 12:03 PM
Subject: [globalnetnews-summary] Standing up to the banks: how to
challenge your foreclosure

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Standing up to the banks: how to challenge your foreclosure
Posted on July 30, 2008 by Ellen Brown

In response to an article I posted recently called "Standing Up to the
Banks,", a number of people have written to
ask for help in defending their foreclosure actions.  I started to put
together materials, when I discovered that it had already been done.  The
Consumer Warning Network is an excellent website providing specific
directions on how to raise the produce-the-note defense -

It states:

Using the "produce the note" strategy is something all homeowners
facing foreclosure can do. If you believe you've been treated unfairly,
fight back. We have created templates for a legal request, a letter to your
lender and a motion to compel to help you through the process.


Your goal is to make certain the institution suing you is, in fact, the
owner of the note (see steps to follow below). There is only one original
note for your mortgage that has your signature on it. This is the document
that proves you owe the debt.

During the lending boom, most mortgages were flipped and sold to another
lender or servicer or sliced up and sold to investors as securitized
packages on Wall Street. In the rush to turn 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. This is the key to the
produce the note strategy. Now, many lenders are moving to foreclose on
homeowners, resulting in part from problems they created, and don't have
the proper paperwork to prove they have a right to foreclose.


If you don't challenge your lender, the court will simply allow the
foreclosure to proceed. It's important to hold lenders accountable for
their carelessness. This is the biggest asset in your life. It's just a
piece of paper to them, and one they likely either lost or destroyed.

When you get a copy of the foreclosure suit, many lenders now automatically
include a count to re-establish the note. It often reads like this:
".the Mortgage note has either been lost or destroyed and the Plaintiff
is unable to state the manner in which this occurred." In other words,
they are admitting they don't have the note that proves they have a right
to foreclose.

If the lender is allowed to proceed without that proof, there is a
possibility another institution, which may have bought your note along the
way, will also try to collect the same debt from you again.

A Tennessee borrower recently had precisely that happen to her. Her lender,
Ameriquest, foreclosed on her in July of 2007. About three months later,
another bank sent her a default notice for the mortgage on the house she
just lost. She called to find out what was going on. After being
transferred from place to place and left on hold for lengthy periods of
time, no one could explain what happened. They said they would get back to
her, but never did. Now, she faces the risk of having her credit
continually damaged for a debt she no longer owes.


This process is not intended to help you get your house for free. The
primary goal is to delay the foreclosure and put pressure on the lender to
negotiate. Despite all the hype about lenders wanting to help homeowners
avoid foreclosure, most borrowers know that's not the reality.

Too many homeowners have experienced lender resistance to their efforts to
work out a payment structure to keep them in their homes. Many lenders bear
responsibility for these defaults, because they put borrowers into unfair
loans using deceptive, hard-sell practices and then made the problem worse
with predatory servicing.

Most homeowners just want these lenders to give them reasonable terms on
their mortgages, many of which were predatory to begin with. With the help
of judges who see through these predatory practices, lenders will feel the
pressure to work with borrowers to keep them in their homes. Don't forget
lenders made incredible amounts of money by using irresponsible practices
to issue and service these loans. That greed led to the foreclosure crisis
we're in today. Allowing lenders to continue foreclosing on home after
home, destroying our neighborhoods and our economy hurts us all. So, make
it hard for your lender to take your home. Make 'em produce the note!


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

   1. Use the first form. It's 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.
   2. If the lender's 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, that's 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. For example:

    * In October 2007, Ohio Federal Court Judge Christopher Boyko dismissed
14 foreclosure cases brought by investors, ruling they failed to prove they
owned the properties they were trying to seize.

B. If you are in default, but your lender has not yet filed suit against

   1. Use the second form. It's a fill-in-the-blank letter to your lender
which also requests they produce the original note, before taking
foreclosure action against you.
   2. If the lender does not respond and files suit against you to
foreclose, follow the steps above.

UPDATE: CNN features The Consumer Warning Network and the "Produce The
Note" strategy. Borrowers are putting this plan into action and getting

Consumer Warning Network Featured on CNN
THE LATEST: Borrower wins more time to fight foreclosure! At a court
hearing Tuesday, a Pinellas County, Florida Judge denied Wachovia the right
to proceed with its foreclosure against borrower Jacqueline O'Brien
(profiled in the CNN story).  Instead, O'Brien was granted a continuance,
as she pursues the produce the note strategy.  Wachovia expressed interest
in renegotiating the terms of the loan, rather than continuing the court

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