Foreclosure Fix|Produce The Note There is More To IT|Fighting Foreclosure

Foreclosure Fix|Produce The Note There is More To IT|Fighting Foreclosure

If you are in foreclosure or possibly facing home foreclosure you are probably thinking “is there a foreclosure fix?”
As you probably know, the foreclosure process involves you, your home and a lender or party trying to foreclose on your home. This is where fighting foreclosure becomes tricky as most of us KNOW NOTHING or very little about the foreclosure process and the process of the law. The media briefly promoted the “Produce the Note” as a defense. While in it’s appearance, the Produce the Note is very credible, what do you do if the lender while in the foreclosure process, does produce the note?
The real issue regarding the legality of the foreclosure processes happening against you is this…
Does the entity or lender foreclosing on your home have the Legal right to even take this action against you? Do they really own the right to foreclose, are the the TRUE Holder in Due Course?
The majority of foreclosures being filed are on mortgages that have been reduced to securities, meaning that possibly a Thousand or more people and companies own a small piece of your Mortgage! And that YOUR home and mortgage is now in a Trust and the trustee is trying to take possession of your home during this foreclosure process!
Here is a potential Foreclosure Fix…The questions pertaining to case law on Trusts/Remic standing as legal entities is no different than most “standing” related cases. It has been said many times, by many brilliant legal minds, that it is the Pension Hedge Funds who are the true “holders” in due course and they WILL NOT come forward.
So in fighting foreclosure, most of your (or your attorneys) questions regarding detailed case law about securitization cannot be addressed. They will try to fool the courts and manipulate the foreclosure process simply won’t be compelled to produce real evidence if they don’t implicate themselves by attaching to the lawsuit as a party in interest.
When you ask the Judge to grant standing using the Note and Assignments, you need to be more clear.
1. Is the Note in the name of the same party acting as Plaintiff?
2. Was the Mortgage properly assigned and before the file went to foreclosure?
3. Was Power of Attorney filed allowing Plaintiff to act on behalf of your Pretender Lender?
4. Was the Note properly negotiated according to UCC Code? (Owning the Note is different than holding and vice versa)
5. An assignment of Mortgage is not an assignment of the Note regardless of what the Plaintiff states in their Material Statements and Admissions.
Raise all these questions to get a hearing to avoid Summary Judgment. In the foreclosure process,Summary Judgment must only occur when no issue of material fact exists. If they can not prove that they are the true “holder” of the mortgage note, how then, can the legally foreclose on your home?
So if you are fighting foreclosure, or possibly facing a foreclosure fight, this is a potential foreclosure fix by creating a problem for the pretender lender by challenging their standing, their actual right to even start the foreclosure process at all!