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<rss version="2.0" xmlns:dc="http://purl.org/dc/elements/1.1/"><channel><title>Trulia Voices: If you have sent your Respa 6 letter to your lender and they cannot produce your note, what are your remedies</title><link>http://www.trulia.com/voices/Foreclosure/If_you_have_sent_your_Respa_letter_to_your_lender-102150</link><description>against your lender?  What if you get no response from them at all?</description><language>en-us</language><item><title>Answer by Camille Lucas</title><link>http://www.trulia.com/voices/profile/Home_Buyer-32425-321171/</link><guid>http://www.trulia.com/voices/profile/Home_Buyer-32425-321171/</guid><description>I want to get all over the internet, my best friend is real cose to getting his house home free, and that was not his intention. In foreclosure proceedings he aked the bank (in formal filing) to 'produce the note' , The bank could not. Its been a year. There is a thing called 'fraud upon the court ' when you enter  into the court to foreclose  as holder in due course and you are not. And when compelled by the court to prove your stand, you cannot! Turns out this little , original ink signed note does carry some weight. And so it should. Its not about fighting for a free house, Come on we all have the legal right to see our original signature when all else looks shady. Its been a year and now he's been instructed to file for quiet title. Nice Story. And it's true!</description><pubDate>Fri, 10 Jul 2009 18:25:07 -0700</pubDate></item><item><title>Answer by Maher Soliman</title><link>http://www.trulia.com/voices/profile/Real_Estate_Pro-Los_Angeles_CA-320595/</link><guid>http://www.trulia.com/voices/profile/Real_Estate_Pro-Los_Angeles_CA-320595/</guid><description>The are HUGE remedies for a lost note. The lender is no longer a lender! Who recorded the assignements? Wo is recorded in public records?&#13;
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There is an endorsement needed for the note to be won! If the jurat is not available the lost note affidavit is worthless. The fact your lender may not be a lender if the loan is a privae lable  obligation tells me you may be sitting just right to make a move to vacate title and file a satisfaction of mortgage.&#13;
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 Your remedies are to demand the Holder in Due Course show itself and force the matter to produce the live note. Challenge this from a number of advantage points.</description><pubDate>Sat, 04 Apr 2009 21:19:00 -0700</pubDate></item><item><title>Answer by Dyanna</title><link>http://www.trulia.com/voices/profile/Real_Estate_Pro-California-197050/</link><guid>http://www.trulia.com/voices/profile/Real_Estate_Pro-California-197050/</guid><description>They might not tell you who the owner is because they might not know. Once they find out who the owner of the note is they will contact you and then you can plan your next step. They might not be able to produce the note or find the owner of the note and that is great news for you.&#13;
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Dyanna</description><pubDate>Mon, 23 Mar 2009 12:40:11 -0700</pubDate></item><item><title>Answer by Lynn</title><link>http://www.trulia.com/voices/profile/Other-Los_Angeles_CA-696895/</link><guid>http://www.trulia.com/voices/profile/Other-Los_Angeles_CA-696895/</guid><description>Are the lenders, if they are servicers only, required to tell you who now owns your note and how to contact them, inasmuch as only the owner of the note has standing to sue for foreclosure?</description><pubDate>Mon, 23 Mar 2009 11:53:44 -0700</pubDate></item><item><title>Answer by Dyanna</title><link>http://www.trulia.com/voices/profile/Real_Estate_Pro-California-197050/</link><guid>http://www.trulia.com/voices/profile/Real_Estate_Pro-California-197050/</guid><description>There are no remedies against the lender. The request to produce the note is not so you could get out of paying what you owe them, it is to slow down the process of foreclosure/eviction. If they never produce the note then they might not be contacting you and the file will remain in limbo until they can produce the note to show a judge that they can legally foreclose against the property, if not you will stay in your home as long as the process takes.  Please keep in mind that judges are now allowing the banks to produce a photocopy/microfilm rather than the original document.&#13;
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Good Luck,&#13;
Dyanna</description><pubDate>Mon, 23 Mar 2009 11:14:37 -0700</pubDate></item></channel></rss>
