Request The Note!

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Comment from Blogger:High enlightened readers of John’s wonderful website.  If you were a Countrywide mortgage holder , you should read Title 12, chapter 28 U.S.C. 2506.  This law is required.  Who owns your mortgage?  Maybe no one.  Does B of A really own your” mortgage?
 
 
You can also see if you are specifically with Fannie and Freddi by clicking links below:

Fannie or  Freddie

Demand to see your mortgage note

The Wall Street banks’ foreclosure system is a mess. Their total disregard for mortgage laws and standards is what created the foreclosure epidemic in the first place. Now, their total mismanagement is catching up to them. As of today, some of the largest mortgage lenders – JPMorgan Chase, Bank of America, and GMAC (now called Ally) – have been forced to halt foreclosures in 23 states and growing. We can’t rely on Wall Street banks to follow basic rules. We have to hold them accountable. At very least, they must provide the mortgage notes.

What’s a mortgage note?

A mortgage note is the document you signed when you purchased your home loan. Mortgages contain lots of paperwork – but only the original mortgage note with your signature is proof that you owe the debt. That’s why banks need the note to prove that they own the loan and can collect payments from you. The problem is, banks now buy and sell mortgages up and down Wall Street – slicing them up and repackaging them to sell to other banks. The bank you bought your mortgage from two years ago may not be the bank that owns it today. But, in all the shuffle, the mortgage notes often don’t get transferred along with your debt.

When Wall Street banks securitized, packaged, sold, and resold our mortgages, they created a system where it is often impossible to figure out who actually owns mortgage notes and therefore has the authority to foreclose on properties. But the big banks are getting tangled up in their own web. Recent events have exposed a handful of banks that are throwing families out of their homes even though they don’t have the mortgage note that proves they actually have a legal right to do so. There have been instances of two banks trying to foreclose on the same home, and in at least one case, of a bank trying to foreclose on a house where the homeowner had never even taken out a mortgage with anyone in the first place.

Whether you are facing foreclosure, have an underwater mortgage, or are just a concerned homeowner, it’s important that you contact your bank and demand to see the original note on your mortgage. It only takes a few minutes using our free online tool.

 

 

Fight Foreclosure: Make ‘Em Produce the Note

March 30, 2010

By Angie Moreschi:

Using the “produce the note” strategy is something all homeowners facing foreclosure can do. If you believe you’ve been treated unfairly, fight back. We have created templates for a legal request, aletter to your lender and a motion to compel to help you through the process.  Read the step by step “how to” under the videos.

Special note:  In some states, a lender can foreclose on your home without going to court.  These are called non-judicial foreclosure states.  You can still use the “Produce the Note” strategy in these states, but it takesa few more steps on your part.

       

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6 Comments

  1. After five attempts to get my loan modification it seem like that white and black are not getting loan modification.I see other nationalities receiving their loan modification. I wish that congressional can inquiry on C.E.O. Brian Moynihan.

  2. bill craun says:

    where are the templates for requesting the note and other documents
    Thanks

  3. wright4ulg says:

    Hi Bill-

    You should be able to click on the links on the page. I did not have them lit up before, so you could see them, but I have fixed it :)

  4. Looking for Hope says:

    If BOA has a copy of our loan documents and note online, does that mean they have our actual note? We are currently going through foreclosure in a couple of days since they kept saying we’re under review this whole time, and kept asking for the workout at times when they said that there’s nothing done- no review at all.

  5. Tony says:

    We requested that the NOTE be produced by B of A. They responded with what is supposed to be a copy. They stated that they could only produce a true and correct copy of the original note.

    The only problem I have and I don’t know if it’s a legitimate concern. The NOTE itself does not show B of A, but instead BenchMark Lending Corp. is listed as the lending party, yet B of A is foreclosing and also asking for payment.

    The other concern that I’m not so sure is valid too, is, how do I Know that this is a copy of the original note and not a MER’S copy printed.

    I didn’t see the word “COPY” anywhere on the note itself. Oh, I live in California.

  6. Jane says:

    Where do you get the case number????

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