Welcome to another edition for our Ezine-Newsletter as always you will find some very useful and sometimes very revealing information. Best of all its free so tell your friends.

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God Bless!

Guy Te

Date of Newsletter: 15-2009-02

This Issue Number, Category and Headline: Issue # 8 - Real Estate / Stop Foreclosure: Make Them Produce the Note Don’t Sleep on Your Rights

The Produce the Note defense to foreclosure has gained a huge amount of interest. Homeowners are looking for anything that can give them the upper hand on the lender foreclosing and help them keep their homes.

When homeowners use the Produce the Note defense they are requiring that the lenders prove up the claim that they have the right to foreclose. The lender is the one asserting that it is the holder in due course with rights to foreclose by the very act of foreclosing; therefore, the burdens of proof is placed upon the lender to show proof, if it is demanded by the borrower/homeowner.

However, it is the homeowners job to assert their rights to the lender having the original note to prove standing as holder in due course and if the homeowner does not exert their right to require the original note be produced the homeowner is in effect waving the right to requiring the lender to produce the original note and the homeowner’s right is lost if not exercised.

The principles of law say, if you sleep on your rights then you do not have your rights.  The one most responsible for watching over your rights and preserving your rights is you, the homeowner, and if you do not watch over them but fall asleep at the wheel, to coin a phrase, then you’re the one that gets hurt when thing crash around you.  Time honored maxims of law say the law serves those who actively and with vigilance fight for and assert their rights not those who fall asleep upon their rights.

The Maxims of Law say:
The laws serve the vigilant, not those who sleep upon their rights.
Relief is not given to such as sleep on their rights.
Those awake, not those asleep, the laws assist. [1 Timothy 1:9]
Legal remedies are for the active and vigilant.

The Produce the Note argument is a powerful defense against foreclosure and don’t let anyone convince you it isn’t. It is powerful because if the bank is required to produce the original note and it cannot, it (the bank/lender) has no standing in or out of court to foreclose on your property and the lender foreclosing either has to negotiate with you to improve your loan terms and conditions or the lender could eventually lose all security interest claims on your property and you win big time.

You can fight back, and one way is to use the Produce the Note defense against foreclosure; but or course like many other things it must be done and used correctly to be effective.

Seek out the help of experts that can help you use this argument to help you stop foreclose and bring the bank back to the negotiating table.

Go to http://Help-To-Stop-Foreclosure.net and get your Free Audit and Report and Chat with an expert about your needs today!!!
 

Without Prejudice - All Rights Retained
Copy Claim June 2008, Watson Lord and Watson - Guy Te Watson