There Are 16 Responses So Far. »

1. 

   Comment by Produce The Note on 24 February 2009:

   This is turning into a pretty hot topic, we’ve even seen it on the news channels this week.

   It seems like a last ditch effort to stall, but I can see why people would do it and if the lenders don’t like it they can just come to court and produce the note and be on their way.
2. 

   Comment by Woodstock real esate on 25 February 2009:

   This is a common tactic used by real estate attorneys who have been hired to “buy” clients more time and or keep them from becoming foreclosed on. The problem with the Tribune article is that the note is not as difficult to obtain as stated. Older homes can pose a problem, but the newer home notes are easily verifiable.
3. 

   Comment by Sean Terry | Dealmakers Blog on 26 February 2009:

   I have never heard of such a thing, but it would make sense. I wonder if they have to produce the original document or a copy.

   Thanks
4. 

   Comment by Tom Frey on 26 February 2009:

   Actually, in Texas anyway, the note is available through the county recorder. I find them easily when I research possible loan refinancing. I can see how this tactic will stall for a short period of time…not very long, though.
5. 

   Comment by Charles Wilmore on 26 February 2009:

   It is my opinion that this will undoubtedly work for all ARM loans (even in Texas Mr. Frey) because once the loan was sold and the rate adjusted it no longer reads the same as the original papers filed with the county recorder. If the banks get the papers (notes) from the county recorder and tries to submit these papers into evidence then one of two things must take place. If the homeowner paid the higher mortgage payment of the ARM for a few months then the court must compute the numbers and off-set the overpayment, or the bank get charged with submitting a falsified document

6. Pingback by FIGHT FORECLOSURE - Produce the Note « Lakewood Ranch Real Estate News on 8 March 2009:

   [...] Source: Foreclosure [...]
7. 

   Comment by Jessica Simon on 11 March 2009:

   Here is a bunch of videos that I found that explain how to go about the ‘produce the note’ strategy in a brain-dead simple way:

   http://www.butasforme.com/2009/03/11/produce-the-note/
8. 

   Comment by Short Sale on 15 March 2009:

   This is the first time I have heard about this. I like to hear about new and inventive ways to help my clients and this is one of them. Thanks for the great post!
9. 

   Comment by David on 17 March 2009:

   This is far from a definite defense. It is also risky. On another site they linked to an interesting discussion on “Produce the Note”. I went there and read it. It is worth reading. It was at http://www.eagledepot.com/
10. 

    Comment by Jeanette Gall on 18 March 2009:

    In all of this frenzy. There is a win, win for both parties. Sorry this has happened. But if there was seller financing involved. Either party approach the other. Seller; Ask if you can have the house back without placing a foreclosure on their credit record (which will be there for 10yrs.) Payor will still have to leave the house. If your the payor ask the seller if they will take the house back(signed document). We will move out and its a win, win. Seller doesn’t have to go through foreclosure proceedings. Which can be very costly.
    Seller; I could help simultaneously sell your note to a buyer. You won’t have to worry about monthly payments, advertising and any other cost.
11. 

    Comment by Inside-Real-Estate on 25 March 2009:

    Unfortunately this strategy won’t work for families in the state of Arizona. Most foreclosures in Arizona are non-judicial and lenders only need to produce notes in judicial foreclosures. There is a lot more importance put on the Deed of Trust, which is already on record.
12. 

    Comment by BECKI PFENNING on 14 May 2009:

    HEY GUYS, I DIDN’T EVEN SIGN A PROMISSORY NOTE. I ONLY SIGNED THE MORTGAGE SO THE PROPERTY COULD BE USED AS COLLATERAL.
    AND THE LENDER STATED THAT THEY CANNOT LOCATE THE NOTE . HOW CONVENIENT IS THAT . THEY HAVE A PHOTO COPY OF MORTGAGE BUT NO PROMISSORY NOTE. SEEMS TO ME THEY WOULD BE OUT OF LUCK AND THE HOUSE WOULD BE FREE AND CLEAR WITH OUT PROMISSORY NOTE PROOF. THEY DO NOT EVEN HAVE A PHOTO COPY OF THE PROMISSORY NOTE….
13. 

    Comment by Randy-Wayne: family of Fricke on 18 June 2009:

    The “produce the note” strategy doesn’t work if you have a dishonest judge. (http://www.consumerwarningnetwork.com/2008/06/19/produce-the-note-how-to/)
    I am one of the pioneers of the “produce the note” strategy. In my case it didn’t work. But not for lack of trying. I asked the bank. I asked the bank’s attorney (who I totally shut down at my first hearing only to have the judge step in and prosecute the foreclosure), I asked the judge. All he said when I asked was “duly noted”. Of course he ruled for the bank and of course the Sheriff proceeded to sell my land sans note as well. My home was seized at gunpoint on June 28, 2007. My personal belonging stolen and held for ransom. My 19 year old son and myself kidnapped at gunpoint and held against our will for 24 hours. I was facing a charge of “obstructing and resisting” (facing a $10,000 fine and 9 months in jail) which I dismissed on August 31, 2007 proving prima-facie that the whole thing was a sham. One of the points you all are missing in the foreclosure issue is that the banks don’t loan anything. The funds are created when the (so called) borrower signs the note. The bank then drafts a check made out to the “borrower” which the bank has the “borrower” endorse, which the bank then deposits into an account (as the bank’s asset) unbeknown to the “borrower”. The “borrowers” signature in fact just paid for that home in full. The note is an even exchange (consideration) for the land (and it’s structures). Further, the fact that the bank never signs anything it voids the mortgage ab initio. There is also massive failure to fully disclose on the part of the bank making the fraud even more hideous. Information sites such as this need to be getting out how things really work in the mortgage scam industry or are aiding and abetting in the perpetuation of a fraud. Thank you for your attention… Please feel free to print this openly if you so desire.
14. 

    Comment by Gina on 11 July 2009:

    Don’t believe what you just read about finding a Note. I’ve worked for one of the largest mortgage companies in the USA for 17 years and I’ve been through 4 mergers and name changes. Today’s technology and filing of documents could not be any better. If the mortgage company has a GOOD lawyer all he has to do is pull the credit report to prove that this individual under this same SS# has been making his payments for over 15 yrs faithfully – why now all of sudden he’s not liable for the debt? The Judge would have to pretty STUPID to believe that one. You best try something else because guess what? 98% of the time the Note is kept in a fire proof cabinet. How do you think the lien gets released when the loan is paid in full? Nomatter how old the loan is.
15. 

    Comment by Mark on 26 August 2009:

    This strategy, if done correctly, does indeed ,work. The notes are 6undled together and sold in quantities in the 1000’s. we give the information for free here in Las Vegas Vegas. Call Mark 702-’l16-3352 and attend these powerful Seminars. Take the information and teach vourself. There is so much more than just “Producing the note”. Right now just in Vegas and California we have 1000′ s of cases under. attorney’s and not 1 of them has been able to provide the information our home owners ask for.. A judge (mentioned in website) recently asked us to at acquire gathering people for a consumer action lawsuil
16. 

    Comment by Mark on 26 August 2009:

    This strategy, if done correctly, does indeed ,work. The notes are 6undled together and sold in quantities in the 1000’s. we give the information for free here in Las Vegas Vegas. Call Mark 702-416-3352 and attend these powerful Seminars. Take the information and teach vourself. There is so much more than just “Producing the note”. Right now just in Vegas and California we have 1000? s of cases under. attorney’s and not 1 of them has been able to provide the information our home owners ask for.. A judge (mentioned in website) recently asked us to at acquire gathering people for a consumer action lawsuil

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