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Foreclosure Advice: Make Them 'Show the Note'
Key Excerpts from Article on Website of KGO-TV (San Francisco ABC-TV affiliate)
Posted: June 8th, 2009
http://abclocal.go.com/kgo/story?section=news/7_on_your_side...
A Bay Area couple has successfully blocked their lender from taking their home. A federal judge in San Jose brought the foreclosure process to a stop after the couple invoked a three-word strategy first outlined last month by 7 On Your Side's Michael Finney. A home could be saved with three words: "produce the note." Facing foreclosure, owners Isabel and Richard Caporale are using a novel legal strategy to hang on to their home. The couple went to federal court and basically said just three words. "They claim they have it, but I have no proof that they have this note, and you would think by now it's been almost three months," says attorney Marc Voisenat. The "they" Voisenat is referring to is the loan servicing company and "the note" is the legal document proving money is owed. Without it, the strategy goes, money can't be collected and there can be no foreclosure. On Thursday, a federal judge agreed, stopping the foreclosure in its tracks and for now, the Caporales can stay in their home. "It's wonderful because I'm almost positive the next time we come back to court the house will be ours," says Isabel Caporale. Thousands could use this strategy and it all comes down to sloppy paperwork. Mortgages are chopped up, bundled and resold around the world as complicated financial vehicles. Often the paperwork doesn't follow the loan and if there's no paperwork and no proof, the foreclosure is a no-go. "We've never seen a company produce the original note yet," says Attorney Chris Hoyer. Hoyer set up a website offering consumers advice and paperwork to pursue a "produce the note" strategy. In Florida "produce the note" is gaining momentum as a safety net for homeowners.
Note: For more information on how to use this strategy, see the Consumer Warning Network's excellent information available here. More information is also available in this article.
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