Lenders Inability to “Produce the Note” Leads to Shady New Practice

May 4, 2009

foreclosure signMortgage lenders who were sloppy with important paperwork in the hey-day of the housing boom are now turning to questionable practices to clean up their mess so they can foreclose on homeowners.  It all stems from the lenders inability to “produce the note” when they try to take someone’s home.

To get around the break-down in paperwork, these companies hire people to be “fake” Vice Presidents to sign documents from one company to another, so a foreclosure can proceed.  The St. Petersburg Times exposed the practice in an investigative report, in which they interview CWN founder Chris Hoyer.

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“Produce the Note” – 3 Little Words to Save Your Home

April 24, 2009

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, a letter 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 takes a few more steps on your part.

Produce the Note – Steps To Follow:

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Fight Foreclosure: Make ‘Em Produce the Note!

April 13, 2009

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, a letter 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 takes a few more steps on your part.

Produce the Note – Steps To Follow:

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FOX News Interviews CWN Founder on “Produce The Note”

March 30, 2009


Consumer Warning Network Founder Chris Hoyer was interviewed by Fox News Anchor Brian Wilson on the “Produce the Note” strategy to fight foreclosure.  CWN launched a grassroots campaign, in June 2008,  to educate homeowners trying to save their homes about this little used technique.  Since then, it’s caught on like wild-fire giving people facing foreclosure time and leverage.  Click on the video above to watch the interview.

Homeowner Stops Foreclosure after filing “Produce the Note”

March 26, 2009

By Angie Moreschi:

The “Produce the Note” strategy is giving hope to a Pennsylvania homeowner facing foreclosure.  Mark Strohecker, of Ellwood City, Pennsylvania, was successful in getting a judge to stop the foreclosure of his home, after filing a “produce the note” request with the court.

The 42-year-old former firefighter and father of two faced the Sheriff’s Sale of his home on March 11th.  Two weeks earlier, he printed the document template for a “Produce the Note” request from the CWN website, filled it out, and filed it in Lawrence County Court.  At a hearing the day before the scheduled Sheriff’s Sale, Honorable Judge J. Craig Cox, granted Strohecker a motion to stay the Sheriff’s Sale.

Strohecker says he was so overwhelmed by the Judge’s decision he broke down in tears.  Click the audio-cast above to hear Angie Moreschi’s interview with Strohecker about his efforts to save his home. Click here to read more.

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Learn how to use “Produce the Note” to Save Your Home

March 19, 2009

By Angie Moreschi:

Fight Foreclosure: Make ‘Em Produce The Note!

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, a letter 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 takes a few more steps on your part.

Produce the Note – Steps To Follow:

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What if Your Lender CAN’T Produce the Note?

March 10, 2009

By Terry Smiljanich:

A growing number of homeowners around the country are using a foreclosure defense the Consumer Warning Network first told you about in June of last year.  It’s called “Produce the Note,” and we want you to know this is not a mere technicality that should be treated lightly by the lender or by the Court.

Everyone needs to understand the importance of the issue. When a lender can’t “produce the note,” allowing a foreclosure to proceed puts the homeowner at risk of owing that debt again to another party.  So great caution must be taken before a judge can allow someone who can’t “produce the note” to cash in on your home.

Can’t Produce the Note – What Happens?

So, what happens when the lender tells the Court it can’t produce the original note, because it is lost?

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“Produce the Note” Dates Back to 1600’s

March 9, 2009


The “Produce the Note” strategy is giving hope to thousands of homeowners facing foreclosure in today’s dismal housing market, but the concept is far from new. The Original “Produce the Note” strategy dates back more than 300 years, and is still valid today.

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How to use “Produce the Note” in Non-judicial Foreclosure States

March 5, 2009

homeClick on this story for the “Produce the Note” how-to step by step instructions.

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 takes a few more steps on your part.

First, the concept behind “Produce the Note” is this:  When a homeowner is faced with a foreclosure suit, “Produce the Note” requires the lender to prove it has the actual authority to foreclose, by requiring it to officially produce the original promissory note in the lawsuit. But if there is no foreclosure lawsuit, what can homeowners do?  In these “nonjudicial foreclosure” states, such as California, Texas, or the thirty or more other states with similar procedures, the homeowner has to file a lawsuit against the party trying to foreclose.

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“Produce the Note” Buys Homeowners Time

February 26, 2009

The Consumer Warning Network’s Terry Smiljanich appeared on FOX 13 in Tampa explaining how the “Produce the Note” strategy can help buy homeowners time, as they fight foreclosure.  Watch the video clip above.

Using the “Produce the Note” strategy will force your lender or servicer to prove they have the right to foreclose on you.  If you believe you’ve been treated unfairly, you can fight back. We have created templates for a legal document request, a letter to your lender and a motion to compel to help you through the process.

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