March 16, 2009
Produce the Note Defense
Produce the Note Defense
The Produce the Note defense for stopping foreclosure has gained a lot of interest. Homeowners are seeking for ways that they can get the upper hand on the lender foreclosing and stop foreclosure.
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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.
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