Who is MERS and Why Are They Suing Me?

April 17, 2009

The Mystery Company that Forecloses on Homes

By Terry Smiljanich:

A homeowner takes out a mortgage with Wells Fargo.  Two years later, she gets behind in payments due to unforeseen circumstances.  That’s when a foreclosure suit lands on her doorstep, but instead of Wells Fargo, someone named “MERS” is trying to take her home. Just who in the heck is this “MERS,” and who asked it to get involved?

More and more homeowners are asking this question and, in the process, successfully challenging these foreclosure suits.

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Success Fighting Foreclosure with Produce the Note

February 9, 2009

Rhode Island Attorney George Babcock is finding success using the “Produce the Note” strategy to fight foreclosure for his clients.  Mr. Babcock has used the bank’s failure to properly produce documents to get a temporary restraining order to stop the foreclosure process.  When it came time for a hearing before the judge, the banks decided to walk away.  The Consumer Warning Network’s Angie Moreschi interviews Mr. Babcock in this radio podcast to learn more about his successful efforts to fight foreclosure.

If you are currently facing foreclosure here are some steps you can follow along with some templates for a legal request, a letter to your lender, and a motion to compel.