Show me the note!
Many online bloggers instruct homeowners in default to adopt the "show me the note" defense when facing foreclosure. In essence, the homeowner is supposed to demand that the lender produce the original promissory note to evidence their right to pursue foreclosure in the event of default. As mortgages are bought, bundled, and sold in the secondary market this tactic is designed to exploit this vulnerability of securitization. However, courts have routinely held that non-judicial foreclosure can proceed without the lender producing the original promissory note. As a result, the "show me the note" defense has become something of a pipe-dream among buyers in default.
So, what's the answer?
File chapter 13 bankruptcy.
Chapter 13 bankruptcy is a powerful tool in foreclosure defense. In chapter 13 bankruptcy you can force your lender to accept your repayment terms while you keep your home. In brief, you will repay your late mortgage payments over several years, and in exchange you will get to keep your home.
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