How to Request a 'Produce the Note' to Stop Foreclosure
If you are currently facing foreclosure, it may be in your best interest to stall the foreclosure process as much as you can. Stalling gives you extra time to come up with the payments that you owe and perhaps even negotiate with your lender to modify the terms of your loan. When you request that a lender "produce the note," you are asking your lender to provide you with a copy of the original mortgage contract. Because most mortgages are sold and transferred repeatedly, the original mortgage contract is often lost or destroyed. Until your lender can produce the appropriate paperwork proving that it owns the loan, however, foreclosure proceedings must stop.
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Instructions
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Type out a document requesting that the mortgage lender provide you with a copy of the original promissory note for the mortgage within 30 days. Include your name, address and the date the promissory note was signed. This is known as a "discovery request."
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Call the clerk of the court in your county to find out who should receive copies of your request. You may only need to file your request with the court system. In some areas, however, you will need to send an additional copy of your request for a copy of the promissory note to the lender's attorney.
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Wait 30 days for the lender to provide you with copies of the original mortgage documents. If it is able to do so, you will not be able to stall the foreclosure process any further. If you do not receive the requested documentation within the time period specified in your original request, however, you may appeal to the court for assistance.
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File a motion to compel with the court. A motion to compel is a formal request that the court legally require that your lender provide you with the requested documentation before moving forward with the foreclosure.
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Attend your scheduled foreclosure hearing. At the hearing, the judge will make a ruling on whether or not your motion to compel has been accepted. If the judge accepts the motion, he will prohibit your lender from moving forward with the case until the original mortgage contract and promissory note is provided to you or until the lender can prove its ownership of the mortgage another way. This can take a year or longer.
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Tips & Warnings
State regulations differ concerning how long a lender has to produce mortgage documents before a motion to compel can be filed. The standard time frame is 30 days, but check with your local court system to verify the appropriate time frame in your state.
A "produce the note" request may not stop foreclosure proceedings. It is up to the judge to allow your motion.
