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Produce the Note: Foreclosure Delay Tactic Can Encourage Lenders to Negotiate

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Homeowners facing foreclosure are receiving a simple piece of advice to help stall foreclosure: make the other side "produce the note." As it turns out, many lenders seeking to foreclose seem to have lost track of the original promissory notes for the mortgages in question. Though by no means a long term solution, forcing the lender to produce the note can delay foreclosure proceedings and give the lender increased incentive to negotiate.

As described in Consumer Warning Network's How-To, the strategy works as follows:

1 After you receive notice of a foreclosure suit from a lender who claims to own your mortgage, you file a request, with the court, for production of the original promissory note.

2 If the lender does not respond in 30 days, you file a motion to compel production of the note. This is a request that the judge order the other side to produce the note.

3 Most often there will then be a hearing where the judge will decide whether to force them to produce the note or not. Should you win, the lender can't foreclose until they produce the note (which could prove very difficult for them). Should you lose, you would still have had the extra time in the home and perhaps the opportunity to negotiate with the lender.

Consumer Warning Network's How-To includes free forms for requesting production of the promissory note, and also for filing a motion to compel. The group warns against scams offering "produce the note" forms for a fee.

Consumer Warning Network cites an increased tendency in judges to hold lenders to the letter of the law in the surging number of foreclosure cases, including the New York Times report of an Ohio federal judge who threw out 14 cases in 2007 when investors trying to foreclose could not prove ownership.

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{"commentId":7402455,"authorDomain":"homelessokc"}

Alot of these promissary notes were destroyed in WTC 7.

And also this... http://www.wanderingsandmusings.com/2008/10/zeitgeist-addendum-transcript/

In 1969 there was a Minnesota court case involving a man named Jerome Daly, who was challenging the foreclosure of his home by the bank, which provided the loan to purchase it. His argument was that the mortgage contract required both parties, being he and the bank, each put up a legitimate form of property for the exchange. In legal language this is called consideration (a contracts basis. a contract is founded on an exchange of one form of consideration for another.)

Mr Daly explained that the money was in fact not the property of the bank, for it was created out of nothing as soon as the loan agreement was signed. Remember what Modern Money Mechanics stated about loans? What they do, when they make loans is to accept promissory notes in exchange for credits. Reserves are unchanged by the loan transactions, but deposit credits constitute new additions to the total deposits of the banking system. In other words: The money doesn’t come out of their existing assets, the bank is simply inventing it, putting up nothing of it’s own, except for a theoretical liability on paper.

As the court case progressed, the bank’s president Mr. Morgan took the stand. And in the judge’s personal memorandum he recalled that “the Plaintiff (banks president) admitted that in combination with the Federal Reserve Bank did create the money and credits upon its books by bookkeeping entry. The money and credit first came into existence when they created it. Mr Morgan admitted that no US Law or Statute existed which gave him the right to do this. A lawful consideration must exist and be tendered to support the Note. The Jury found that there was no lawful consideration and I agree.” He also poetically added: “Only God can create something of value out of nothing.”

And upon this revelation the court rejected the bank’s claim for foreclosure and Daly kept his home.

Documents Destroyed

http://911research.wtc7.net/wtc/analysis/wtc7.html

"At the time of its destruction, Building 7 housed documents relating to numerous SEC investigations. The files for approximately three to four thousand cases were destroyed, according to the Los Angeles Times. Among the destroyed documents were ones that may have demonstrated the relationship between Citigroup and the WorldCom bankruptcy"

{"commentId":7402455,"threadId":"592985","contentId":"2887033","authorDomain":"homelessokc"}
  • 1 vote
Reply#1 - Mon Jun 1, 2009 8:51 PM EDT
{"commentId":7417490,"authorDomain":"homelessokc"}

Save money by using our Do-It-Yourself legal documents. Check it out today »

http://public.findlaw.com/

{"commentId":7417490,"threadId":"592985","contentId":"2887033","authorDomain":"homelessokc"}
  • 1 vote
#1.1 - Tue Jun 2, 2009 3:09 PM EDT
{"commentId":7571010,"authorDomain":"homelessokc"}

http://commonlaw.findlaw.com/2009/02/produce-the-note-foreclosure-delay-tactic-can-encourage-lenders-to-negotiate.html

As described in Consumer Warning Network's How-To, the strategy works as follows:

  1. After you receive notice of a foreclosure suit from a lender who claims to own your mortgage, you file a request, with the court, for production of the original promissory note.
  2. If the lender does not respond in 30 days, you file a motion to compel production of the note. This is a request that the judge order the other side to produce the note.
  3. Most often there will then be a hearing where the judge will decide whether to force them to produce the note or not. Should you win, the lender can't foreclose until they produce the note (which could prove very difficult for them). Should you lose, you would still have had the extra time in the home and perhaps the opportunity to negotiate with the lender.

Consumer Warning Network's How-To includes free forms for requesting production of the promissory note, and also for filing a motion to compel. The group warns against scams offering "produce the note" forms for a fee.

Consumer Warning Network cites an increased tendency in judges to hold lenders to the letter of the law in the surging number of foreclosure cases, including the New York Times report of an Ohio federal judge who threw out 14 cases in 2007 when investors trying to foreclose could not prove ownership. April Charney, head of foreclosure defense for the Jacksonville, Florida Area Legal Aid also uses and strongly advocates the "produce the note" strategy. As reported in the Florida Union Times, she says that for some of her clients, it has put foreclosure on hold for years.

{"commentId":7571010,"threadId":"592985","contentId":"2887033","authorDomain":"homelessokc"}
  • 1 vote
#1.2 - Wed Jun 10, 2009 8:12 PM EDT
Reply
{"commentId":7402779,"authorDomain":"homelessokc"}

Who were the tenets of WTC 7? Building: 7 World Trade Center

http://killtown.911review.org/wtc7/collapse.html

Tenant Floor Industry

CIA 25 Government

Department of Defense (DOD) 25 Government

IRS Regional Council 24, 25 Government

Mayor's Office of Emergency Mgmt 23 Government

Federal Home Loan Bank 22 Financial Institutions

First State Management Group, Inc 21 Insurance

ITT Hartford Insurance Group 19-21 [Insurance]

NAIC Securities 19 Insurance

Equal Employment Opportunity Commission (EEOC) 18 Government

(Vacant) 14-17 Securities & Exchange Commission 11,12,13 Financial Institutions

Standard Chartered Bank 10,13,26,27 Financial Institutions

U.S. Secret Service 9,10 Government Provident Financial Management 7,13 Financial Institutions

American Express Bank International 7,8,13 Financial Institutions

Salomon Smith Barney GRND,1-6,13,18-46 Financial Institutions -

[Compiled from CNN & FEMA]

Maybe no financial institution lost more critical documents than the Securities and Exchange Commission, which had its New York regional office at 7 World Trade Center. While the regulatory agency was fortunate in that it lost no employees in the terror attacks, it suffered setbacks in a number of long-running securities investigations.
"Regardless of what the regulators say, they lost a ton of files," says Bill Singer, a New York securities lawyer, who says one case he had pending before the SEC quickly settled because so many of the original documents were destroyed. "In my opinion it was a wholesale loss of documents." -TheStreet.com (9/09/02)

Is it just a coincidence that there was a secret CIA site in the WTC 7?

Document Chaos Isn't Sorted Out

http://www.thestreet.com/markets/matthewgoldstein/10041194.html

As Citigroup's recent disclosure shows, some financial services firms and institutions may have lost more documents and records than they originally believed -- despite all the talk about firms routinely backing up their information off-site.

And it appears ordinary investors are sometimes paying the price for all those lost records and documents.

Lost Tickets

Securities lawyers say Morgan Stanley(MWD Quote), for instance, has been citing the destruction of broker commission records stored on computers at 5 World Trade Center as a defense in a number of customer arbitration proceedings.

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  • 1 vote
Reply#2 - Mon Jun 1, 2009 9:08 PM EDT
{"commentId":7403372,"authorDomain":"homelessokc"}

Financing the 9.11 attacks

http://www.theantechamber.net/V_K_Durham/More911FinancialTerror.htm

"Several other intelligence sources who spoke to longtime federal whistleblower Stewart Webb, alleged that the controlled demolition of the Twin Towers and WTC 7 was called "Operation Code Angel," also known as Tripod II--a U.S. Department of Justice "war games" exercise involving the Federal Emergency Management Administration (FEMA)--which Webb alleges was run by former New York City Mayor Rudolph Giuliani’s Police Chief Bernard Kerik at Pier 29 on the New York City waterfront, according to Webb’s intelligence sources who asked not to be named until subpoenas and testimony commence.

According to inside intelligence sources who provided additional documents, federal whistleblower Stewart Webb told us he has made the serious allegation that financing the September 11 attacks was facilitated through former CEO Maurice "Hank" Greenberg’s American International Group (AIG) and Florida’s Greenberg-Traurig law firm bank accounts established at New York’s Citibank where President George H. W. Bush’s former CIA legal counsel Norman Philip Brownstein sits as a Director.

Webb has spent 20 years investigating White House crime families and was credited for helping to expose the 1989-90 HUD and Savings & Loan Scandals. [Houston Chronicle, "S & L whistleblower faces federal charges," 9-16-1992 and Sarah McClendon‘s Washington Report, "Notes from the Editor," 12-24-1991] "

{"commentId":7403372,"threadId":"592985","contentId":"2887033","authorDomain":"homelessokc"}
  • 1 vote
Reply#3 - Mon Jun 1, 2009 9:38 PM EDT
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