In some states, foreclosure can occur without court involvement through non-judicial proceedings. To use the "Produce the Note" strategy in these states, homeowners must file their own lawsuit challenging the lender's authority to foreclose and requiring them to produce the original loan documents. Specifically, homeowners would allege that the lender sent a foreclosure notice but the homeowner wants proof they...
Read more ↓In some states, foreclosure can occur without court involvement through non-judicial proceedings. To use the "Produce the Note" strategy in these states, homeowners must file their own lawsuit challenging the lender's authority to foreclose and requiring them to produce the original loan documents. Specifically, homeowners would allege that the lender sent a foreclosure notice but the homeowner wants proof they hold the loan documents, so the court should prevent foreclosure until such proof is provided. Once a lawsuit is filed, discovery rules allow demanding the lender produce the note to prove their claim.
Read less ↑Tags: challenging lender's authority, court involvement, discovery rules, foreclosure lawsuit, foreclosure prevention, lender's claim verification, loan documents proof, non-judicial foreclosure, original loan documents, produce the note strategy
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