Article written by 911-Foreclosure.com
“What if Your Lender CAN’T Produce the Note?” is an article written by Terry Smiljanich and published on the Consumer Warning Network in March 2009. The article gives homeowners a great opportunity to buy more time when faced with foreclosure by their financial association.
The Consumer Warning Network published an article called “Produce the Note” in June 2008, and many homeowners facing foreclosure are using the principles contained in it as part of their defence in Court. This is not a legal loop-hole or technicality, but a serious and important issue that needs to be properly understood by all homeowners and lenders as well as the Courts.

It is the right of the homeowner to demand proof of the lenders legal right to put a property into foreclosure. The lender, or person to whom the money is owed, proves this by producing the original note containing the signature of the person who they claim owes them money. The note must be the original copy, not even a digital scan

Before a Lender can proceed with the foreclosure process, “the homeowner has the right to force the lender to present the original promissory note in the courts”, affirms Smiljanich But what happens if the lender claims that they have “lost” the original copy of the note?

In the “Uniform Commercial Code” “, a specific provision was created to handle with the subject. It states that certain conditions must be met before a promissory note can be enforced without the original being produced. It is up to the lender to legally prove all 4 conditions.

The Court will determine whether or not the lender has proven their right to foreclose. The Court needs to be thorough in its investigation to whether the lender had the note in his possession when it was lost or destroyed. The Courts need to understand that this matter is not a mere technicality and enforce the “full proof”, because it is the homeowner or borrower who stands to lose if the incorrect person is allowed to foreclose on the property.

As Smiljanich explains, “even if a foreclosure case was finalized, , , if the original note appears; the borrower is still responsible.This article comes at an appropriate time and homeowners faced with foreclosure need to be aware of the requirements of the law so that they can properly protect themselves and their property.

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