Produce the Note- It’s a rallying cry for a movement taking hold around the country. Lawyers and housing activists have developed an arsenal of tools to challenge mortgage foreclosures.
One powerful weapon is asking judges to require mortgage companies to produce in court the original mortgage note. With the securitization of residential mortgages, many companies find producing the original paperwork difficult. Some lawyers say it’s not just negligence at work—when you look at the paperwork they say, it’s not unusual to find evidence of illegal practices and fraud.