There Are 18 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
17. 

    Comment by Beth M. H. on 22 November 2009:

    If you live in Arizona, you can contact me in Tucson at 297-8572 (answering machine picks up first). I work for the company that has prosecuted the only 3 successful cases through the Arizona legal system where, in the end, the only thing the owner owed on the house was the legal fees (15-25% of CMV — see zillow.com and bankofamerica.cyberhomes.com to see what that might be — depending on whether you paid legal fees up front at 1.7 of Current Loan Value or not.) You also might be able to walk out with cash in the pocket wtihout paying anything if you don’t want the house. The process takes around 6-12 mo. We are still taking appointments and even have appointments on this Sunday if you call me.

    What you will need to bring to the ~1hr appointment (or send by email if not in Tucson area) are all the documents you received at close. Pima County Recorder’s office told me that they have a copy of all that but when my friend went to get her copy because she is careless with documents, they only gave her the deed of trust. You will need more than that as a forensic analysis will be done of your loan to see if there are any errors n the loan itself that prima facia will qualify you. If you have a MERS number, then you also probably qualify.

    Here are some don’t qualifies:
    NO Credit Union, USAA, Wells Fargo (probably) or private money loans though we have other products that might help you such as loan mod (with in AZ) and a way to use debt to pay off your debt (see http://www.primeequitybuilder.com/freeanalysis — Beth H. in drop down — to see what it can do for you. Contact me to sign up for a free 7 day trial. Works anywhere, not just AZ.)

    NO Bankruptcy in process or conlucluded within 6 months

    Loan will likely have to be a 2007 loan or older.

    Beyond that, call me (as I have been having computer issues) to get an appointment in Tucson (though you only have to be in AZ) at 297-8572 (3) where my answering machine will take your information and I will get back to you.

    Understand, no promises as you have to qualify and we only take clear cut cases. Also, no know-it-alls who think they can improve on what we are doing. We already had a real estate broker like that who insisted on altering our filing. As a result, he is the one case in four which did not conclude well as the judge required a bond to be paid to proceed. We will refund any money after the initial $1500 if your case is not successful as if we loose (and it wasn’t because you were a intruding know-it-all), then it is our fault. We are that confident of our success. (Do note what the Attorney General of Arizona is threatening on doing.)

    And do get in quickly as we don’t want to take more cases than we can handle and Congress is bound to shut this down in the not too distant future because the banks will insist upon it.

    Oh.

    I’m Beth H.
    520-297-8572
18. 

    Comment by Colin on 20 January 2010:

    Ok, i think i finally have it… There is a huge trust fund out there with my name on it and an account too. I wrote a check (negotiable instrument) or note (kinda like a federal reserve note :-} Now, I’m the one that gave them the note and what did i get in return? Federal reserve notes or actually numbers, electrons creating numbers in an accounting process. Can I cash in the federal reserve notes for gold or silver as required by the Constitution? No! Hmm so what did I get from them? Some say they gave me the title to the property.. i simply asked did you ever have title to the property? No! So you can’t give what you don’t have… silence (is acquiescence in their world, fine i hold them to it). So what of Value did they give me in return for my note?? Nothing but a bunch of smoke and mirrors!!!!! Lies and deceits, which of course is fraud in the inception which makes the contract void. Speaking of which where is the other signature? on the contract?? No such thing as a one sided contract!!
    Ok, so they are making a claim… what is their claim? That i owe them money?? There is no money so how can i pay back something that does not exist? They were injured or hurt in some way? How? the cost of creating the fraud, smoke and mirrors in the first place?
    Ok, so they say I have defaulted on the “loan”.. i say i gave them a note that had/has full face value (check UCC) they took that note.. what did they do with it? Did they put it in a safe for security till I pay in full and then return it?? No they monetized it and used it, sold it, exchanged it etc. So they got value out of it didn’t they? So what is their loss? They gave me nothing and in return got value to use and make more value from.
    Here is the question, I gave them a check.. did it bounce? Show me where it bounced!!!! By the way, is it not reasonable to require YOUR note back? Last but not least, the Note that they printed for you to sign is actually a fraud because it says “In return for a loan i have received, I promise to pay,…..” Has anyone ever received a “loan” before signing the note? No!!! because they don’t have and aren’t allowed to Loan bank notes or depositor notes so they need your note to create or exchange for federal Reserve notes. Ok, another way… if you have forty dollars in your pocket and you loan me twenty, how much do you have in your pocket?? twenty right? Your out twenty cause you loaned it to me. So how come the banks start off with nothing and after you “borrow” the twenty they have twenty plus eighteen plus 14 plus what ever else they do with it to make money. Ok, Remember when you had to show where your deposit money came from?? So why can they not show where the twenty came from?? Should be simple, we took it from here, there is the record of it and we built this, made this, provided services there to earn the money we loaned… Not!!!
    Get it? it was a trick to get us to turn over our labor three four, ten times over. This is what i think happens. They take your note, deposit it into an account then the feds print federal reserve notes based on that note, charge the United States bonds that earn interest in the same amount and we work our asses off for the next twenty years to “pay back” with interest three times what we didn’t borrow. Due to fractional lending they use that note over and over again or rather the deposit account over and over again 90% of what is left each time, print more money get more US bonds and build great big buildings, create wars to “loan” that money to countries at interest to fight a war they created.. What a scam. it is time to stand up.
    One other thing, though we are NOT subject to the Constitution, they ARE! Article 7 states “in all cases where the amount in controversy is greater than twenty dollars, the right to trial by jury shall be preserved.” So why can I not seem to get a trial by Jury?? Dough, because the courts and Judges are corrupt too? ya think? Now here is the kicker, ….. ready? … They are there to protect us… they work for us!!! So why do we keep begging, “pleading”, “motioning” requesting, jumping through their legalistic rings to end up broke and violated??? Simple, no backbone!!! Americans have NO BACKBONE!!!!! I can’t find even one person who is willing to be a witness, that is all a witness. “can i get a witness?”. here is why, “by the testimony of two witnesses they can be charged with treason”. They are required to swear and oath to “support the Constitution”. If they don’t know it they can’t support it. “Shall be bound by this constitution” Can’t be bound if ya don’t know it. Don’t know it, committing fraud, fraud is a federal offense, you,,, yes YOU may, should, must Arrest them!!! Can i get a witness? With so many jobless and homeless people out there i should be able to find a witness….. Step up! if your in Maryland please make contact so we can begin this process of cleaning up the scum. America, lets get our house in order!! it is time to clean house!! Please help before they take everything. Email my friend at miracore@rcn.com he needs help writing and filing claims against them.. Anyone? By helping him you will help yourself. I guarantee it and my note is good for full value ;-}

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