Produce the Note: the phrase on everyone's lips. Its hard to turn on the news or browse the web without hearing about foreclosures, bank closures, store closures, well how about just getting a little closure on this trying chapter of your life? If you are interested in learning more about the "Produce the Note" litigation strategy against a foreclosing lender, check out this new article.

What It Is: Produce the note is a defensive strategy that you can use to fight foreclosure and force the bank to prove that you owe it any money at all. Under due process, the plaintiff in a case has the "burden" to prove that what it is telling the court is actually true. However, when the plaintiff makes claims that the defendant does not challenge,replica uggs, then the court usually accepts the Plaintiff's claims on face value on the basis that you had a chance to contradict them and didn't.

When you say "produce the note" what you are doing is challenging the bank's assertion that you owe it money, that it has a mortgage on your house, and that it has the right to foreclose on you at all. One attorney has estimated that nearly 50% of mortgages have been lost or destroyed in the carnage of all the selling, pooling, servicing, tranching, and defrauding that went on in the years from 2001-2008 in the American Secondary Mortgage Market. 50-50 is pretty good odds of YOUR note coming up missing.

When Its Used:

Generally, during the discovery phase of litigation is the best time to employ "Produce the Note". That is, after you have sued the bank (say, for Quiet Title), or the bank has sued you (i.e., foreclosure). Discovery is the process by which each side of a pending lawsuit gets to ask the other side for all of the pertinent information with which it intends to prove its claims. For example, if you sue the bank for Quiet Title, then both parties have a right to request all the evidence in the other party's possession. The most basic piece of evidence here would be a "Note", which is the financial term for "mortgage" or other debt. Without a mortgage, then there is no document proving that you and the bank have an agreement, and therefore, the bank cannot prove its foreclosure claim against you.

Some proponents of "Produce the Note" suggest that ANYTIME is a good time for "Produce the Note" - even if there is no lawsuit going on. In some cases it may work, but the problem here is that there is no right to discovery outside of litigation. therefore, if you are not in foreclosure and you want to get the bank to have to produce the note, then find an attorney to evaluate your case for a quiet title case against whichever entity has a mortgage recorded against your home. Chances are, if the mortgage was sold more than once, SOMEONE forgot to make all the proper recordations, and you may just end up with your home free from any outstanding liens.

A third alternative, used in bankruptcy proceedings, is to file chapter 13 bankruptcy and list the mortage - NOT AS SECURED DEBT - but as UNSECURED DEBT. Similar to the discovery tactics above, this puts the bank of having to PROVE its mortgage in order to get the bankruptcy court to treat the debt as secured rather than unsecured debt.

How To Do It Right:

As hinted at above, if you want to get the most out of Produce the Note, you will wait until your guns are fully loaded: i.e., you are a party to an ongoing case, with a due process right to discovery. Send a "Request for Production of Documents" to the lender or servicer and demand examination of the original mortgage note at a place of your choosing. If the bank hasn't complied within 30 days, file a Motion to Compel Discovery. In your motion, refer the court to your proper Request for Production of Documents and to the bank's responses. First,gucci bags outlet, shed light on the bank's failure to comply with your proper discovery request for the most relevant document in the case, then ask the judge to compel production of the note. If the bank has lost the note, then it will further fail to comply. At that point, file a motion to dismiss the bank's foreclosure action or at the very least to bar any evidence of a mortgage note as penalty for failure to comply with the court's order. The bank cannot possibly win. In the alternative, in a quiet title action, if the bank cannot comply, then you will be primed to win.

Word to the Wise: Do not base your entire case on "Produce the Note." Any given case has dozens of potential claims and defenses, and you may be setting yourself up for disappointment to rely solely on "Produce the Note" is the bank has the original. See an attorney,moncler, know your rights, and have a back-up plan.

The above article is not intended as legal advice, and is for informational use and entertainment only. If you are in need of legal advice or counsel, then consult a licensed attorney in your jurisdiction who is competent in the area you need.




Everyone in a community has a responsibility to minimize the harm they cause to others as much as they reasonably can. This does not only apply to our actions, but for the conditions we create within our neighborhoods and workplaces. For example, pet owners have an obligation to minimize the risk their pets may pose to others and their property. In fact, people have an obligation to minimize the risks of their property itself – a legal doctrine known as premises liability.

When we welcome others into our homes or businesses – or even keep property that others are likely to visit – we owe it to them to maintain a reasonably safe environment. If we do not perform necessary maintenance tasks,moncler outlet, for example, flaws like rotting staircases or overgrown plants can pose significant risks to our guests. If circumstances like these directly contribute to accidental injuries, the negligent property owner in question can be found liable for any related losses suffered by the victims.

Types of Visitor

Under Florida law, different kinds of guests are afforded a different level of responsibility on behalf of property owners. The various legal categories for visitors include:

Business invitees: These are people who have been explicitly or implicitly invited onto a business’s grounds for a commercial reason. Business owners have an obligation to ensure that their property is free of dangers that they know or should know about. If certain dangers are unavoidable, they must inform their customers of them.

Licensees: These are social guests invited onto private property. As a general rule, they are not entitled to the same level of care as invitees. However, they should be informed of any known dangers that may exist on the property.

Undiscovered trespassers: These are people who enter another person’s property without any permission and without the owner’s knowledge. Property owners have very few obligations towards undiscovered trespassers; however, they are expected to refrain from deliberately harmful or dangerous actions.

Discovered trespassers: These are uninvited visitors who are discovered by property owners within 24 hours of the accident or incident that injured them. Upon discovered or being informed of a trespasser, a property owner is obligated to inform him or her of any known dangers that may exist on the premises.

Minors: Young children are usually considered too immature to understand the risks of trespassing. Therefore, even when they visit property uninvited, the owner may be responsible for their safety. If a property owner knows about certain risks, such as a pool or old machinery, that exist on his or her grounds, he or she must take steps to prevent children from accessing it,gucci outlet.

These are the basics of a property owner's obligations. Putting the law into practice can be quite complex,cheap gucci bags, and often involves many different factors.