Thursday, June 26, 2008

CNN Reports On "Produce The Note" Strategy In Fighting Foreclosures

CNN recently ran a story on what apparently is now being referred to by some as the "Produce The Note" strategy in fighting foreclosures. Among those interviewed for the story are:

  • Homeowner Jacqueline O'Brien, who currently faces foreclosure on her Central Florida home and is battling mortgage lender Wachovia who, the homeowner says, is clipping her left and right with fees and won't re-work the payments on her home loan,

  • Professor Katherine M. Porter, of the University of Iowa - College of Law (author of Misbehavior and Mistake in Bankruptcy Mortgage Claims, a study that concluded, among other things, that a significant number of mortgage lenders and loan servicers - and their attorneys - have been screwing up in the Federal bankruptcy courts in their attempts at improperly clipping homeowners facing foreclosure who have filed for bankruptcy protection),

For the story (video only), see Produce The Note.

For some self-help information on approaching the "Produce The Note" strategy for homeowners facing foreclosure who are not represented by an attorney, see Produce The Note “How-To”.

Postscript:

Reportedly, at a court hearing last week, a Pinellas County, Florida judge denied Wachovia the right to proceed with its foreclosure against borrower Jacqueline O’Brien (profiled in the CNN story). Instead, O’Brien was granted a continuance, as she pursues the "produce the note" strategy. Wachovia expressed interest in renegotiating the terms of the loan, rather than continuing the court battle.

For other posts that reference the failure of some mortgage lenders and their attorneys to file the required loan documents when starting foreclosures, Go Here, Go Here, and Go Here.

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