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Originally Posted by Extramural
QM,If you are going to a foreclosure hearing, I advise two things:1. Make sure you hire your own court reporter to be there.2. Subpoena the ORIGINAL Note from the alleged Noteholder.
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Indeed pay particular attention to this intrepid homeowner. The statute was utilized to obtain a promise to produce the note. However that also demanded a recess in the proceedings and instead the homeowner got distracted into discussing appeal process - which of course was construed as consent to move the home into foreclosure anyway...
Pay particular attention to Paragraph "2" of the attached Foreclosure Notice. This is a recent Notice but you should be careful of attorneys sneaking in a notice that there is no original note. This could be construed by a foreclosure magistrate that no note is needed because the homeowner has been notified that "asset based feed-through certificates" have replaced the original note in bundling scams etc.
The notice, cleverly embedded in legaleze, a paragraph-long name for the alleged creditor, must be invalidated by a timely R4C in order for a homeowner to stand on the statute demanding original evidence of ownership at a subsequent foreclosure hearing.
Regards,
David Merrill.