HOM INtro #28: Demand Your Note: A Foreclosure Intervention Strategy
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Show me the NOTE...
Show me the NOTE
One of the more successful strategies to avert foreclosure has emerged and is being used around the country by both attorneys who are representing clients facing foreclosure and individual consumers who are defending themselves is demanding that the lender/servicer provide the NOTE which demonstrates the party suing for foreclosure has the legal authority to do so.
So simplistic and yet overwhelmingly successful in case after case when it is has been used. Across the country consumers and attorneys (and the courts where foreclosures are processed) are becoming aware that all too often the foreclosing party has NO legal standing—NO right to foreclose.
Securitization has created scenarios where mortgages have been sliced and diced and sold in pieces so frequently NOBODY has clear, RECORDED, unequivocal ownership of your specific mortgage.
Do the research on MERS and the lawsuits and decisions recently on their right to foreclose. Check carefully your paperwork to see if the person who is threatening foreclosure is, in fact, the note holder of record in the recorder office.
In any case, demand the note. A “QUALIFIED WRITTEN REQUEST” is your most effective way to present this demand. Do independent research or get a copy of Webinar Vol. 13 for details on how to proceed.
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