Do you actually recognize who owns your property? In these challenging economic times, when you presently have a property loan that you are falling behind on, the solution is not as simple as it sounds. With as much as 50% of all loans granted, a bank resells and redistributes the promissory note to other lenders – trading hands quite a few times. What this will mean for you is a way to challenge your initial lender.

The promissory note is the first document establishing possession of the mortgage that you signed at the closing. A very guarded industry secret is that following the trail of official procedure to discover the true current owner of the loan after it has been traded can often be mismanaged, lost, or damaged. The initial clue foreclosed homeowners more often than not have about this is when they are given a foreclosure warning and notice the name of a lender that they have never know about nor dealt with. Homeowners in foreclosure are fighting back by taking the lenders to court and obligating them to “produce the note”. Simply put, this indicates the lender need to be answerable for who is the legal owner of the loan and by default, whether they can officially close out on your house.

Here are the explanations why this can be an option for you: 1. You would like to be able to stay in your home. 2. You want to be given extra time to look for a substitute solution. 3. You are usually willing to see a rational offer with the lender. 4. The lender has abandon being open to negotiation. 5. You know your loan has changed hands from the first lender. 6. You have received a foreclosure notice from an organization you do not know. 7. You might be eager to fight the battle and take care of the necessary paperwork, court filings, and attorneys. 8. Upon reviewing your closing documents, you realize there is a distinction between what you understood your loan to be and what it actually is. 9. You wish to save yourself from possibly getting a secondary foreclosure notice from the new holder of the loan.

Where do you start if you think that this can be an option in your case? Take into account getting a lawyer run a title on your house to find out what lender truly owns it. Analyze your plans thoroughly. This plan does not always happen as expected and it may be costly to pursue. If the court rejects demanding the lender to produce the documents, the foreclosure proceeds.

If you select it is a viable choice, make an authorized request asking the lender to supply the document. This appeal may have to be filed with the Clerk of the Court. Call your local office to check out and ask about the method. If the lender will not respond, chances are to then have to file what is known as a “Motion to Compel” within the court. Once this motion is set, an investigation date will likely be set.

While forcing a lender to “produce to note” is not going to free you of your loan mortgages or the troubles that led to the foreclosure, it can buy you time to stay in your residence and most significantly, negotiating strength with the lender. Lenders rely on you not putting up a fight in the development.

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