MERS names itself as the mortgagee, or the mortgage holder, on the document instead of the lender. It presents itself as the lender’s “nominee” – instead of the lender’s name on the document, the lender “nominates” MERS to take their place. In other words, MERS is only a front.

During securitization, MERS supposedly keeps track of the the original ownership interests electronically. However, it has been shown time and time again in civil court that MERS cannot produce the original promissory note. Therefore, they have no legal standing when it comes to foreclosure cases. This is a case of “Produce The Note” on a grand scale – as MERS technically has no legal right to enforce foreclosure on any of their 60 million mortgages throughout the United States.

Additionally, the questionable practices of MERS has prevented billions of dollars in recording fees to be paid to local county governments. Lawsuits in California and Nevada are bringing negative public attention to the company.

If your home is facing foreclosure, we can prepare a forensic loan audit. If your mortgage is owned by MERS, there is a good chance you will have the law on your side. We provide forensic loan audits in every state, legal document preparation in CA, and access to our vast network of reputable attorneys.

These are the foreclosure defenses we prepare based on your audit findings:

Truth in Lending Act – TILA
Real Estate Settlement Procedures Act – RESPA
Mortgage Electronic Registration System – MERS
Produce the Note – PTN

Some of the loan terms lenders are required to fully disclose include:

Finance charges: Total cost of credit for the duration of the loan, including interest and fees.

Annual Percentage Rate (APR): Cost of credit as a percentage.

Amount Financed: Total dollar amount financed.

Schedule of Payments: The amount of payments and the date in which they’re due.

Total of Payments: Total dollar cost of all payments throughout the lifespan of the loan.

TILA protects the homeowner from fraud and predatory lending, and also gives greater protection when your home is used as security for a loan. Violations of TILA can result in a lawsuit against the lender, given that a complaint has been filed and legal action pursued.

Truth In Lending Act civil lawsuits may be performed in the event that lenders have not provided you with proper disclosure of lending terms. A forensic loan audit is the best method of discovering TILA violations. As an individual filing a lawsuit, you may recover all damages, in addition to the amount you have paid into the service charge thus far, as well as all attorney fees and court costs.

We provide forensic loan audits in every state, legal document preparation in CA, and access to our vast network of reputable attorneys. These are the foreclosure defenses we prepare based on your audit findings:

Truth in Lending Act – TILA
Real Estate Settlement Procedures Act – RESPA
Mortgage Electronic Registration System – MERS
Produce the Note – PTN

All lenders are required to adhere to fair lending laws. A forensic loan audit will evaluate the mortgage documents for violations and discrepancies, which may prove advantageous to the borrower. An audit may reveal violations of the Truth In Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA) violations, or a failure to produce the original promissory note. In the event that the audit discovers wrong doing and a complaint is filed the lender then finds themselves up against a lawsuit.

Many of these cases will be settled out of court with a favorable loan modification. Court cases often result in damages paid to the borrower, as well as receiving back what they have paid into the service charge, as well as compensation for their attorney fees and court costs. In some cases where predatory lending has taken place, rescission of the mortgage contract is allowed. When it comes to “Produce the Note” or MERS mortgages, a foreclosure can be stalled or prevented altogether.

Many homeowners have taken advantage of this powerful tool to save their homes from foreclosure. If you are thinking of taking this route, it’s of the utmost importance that your audit is performed thoroughly and correctly. Our team of skilled professionals is standing by to aid you in all aspects of the procedure.

We provide forensic loan audits in every state, legal document preparation in CA, and access to our vast network of reputable attorneys. These are the foreclosure defenses we prepare based on your audit findings:

Truth in Lending Act – TILA

Real Estate Settlement Procedures Act – RESPA

Mortgage Electronic Registration System – MERS

Produce the Note – PTN

Recently, the produce the note strategy has started receiving mainstream media attention. This is great news for homeowners facing foreclosure because it gives them an opportunity to learn about using this strategy. It also helps notify the general public of the unfairness of the way foreclosures work in this country.

The Chicago Tribune recently published this article, “Distressed homeowners fight foreclosure by taking their lenders to court”:

The intent is to delay foreclosure in hopes of finding money to make payments or to pressure the lender to negotiate. During the lending boom, many mortgages were sold or packaged with other mortgages and sold to Wall Street investors, so locating original notes isn’t always easy.

Last month, Rep. Marcy Kaptur (D- Ohio) advocated the show-me-the-note tactic in a speech.

“When those companies say they have your mortgage, unless you have a lawyer that can put his or her finger on that mortgage, you don’t have that mortgage, and you are going to find they can’t find the paper up there on Wall Street. So I say to the American people, be squatters in your own homes.”

You can read the article in its entirety here.

Here are a few clips from news programs which have discussed the Produce the Note strategy:

If your head is reeling right now, that’s understandable! Most people have no clue about this cruel loophole. If the lender does not produce the note because it has presumably been lost or misplaced, there is the possibility that the holder of the original note may still come forward and demand for the debt to paid, AFTER the foreclosure has proceeded. Since your name is on the original document, YOU will be held liable to pay off this debt.

As if losing your home to foreclosure isn’t bad enough! Just picture yourself in this scenario. You try your hardest to pay your mortgage every month and keep up with the rapidly rising interest rates. But you lag behind and soon face foreclosure. Even though the banks cannot provide the promissory note, the courts gloss over this “technicality” and your home is taken away from you.

Somewhere down the line, somebody shows up with the original note, demanding for the debt to be paid. Incidentally, this note is signed with your name, not the name of the person who foreclosed the home. In a cruel twist of fate, you now find yourself strung up in a complicated legal mess, owing money on a mortgage that is no longer even yours!

You can prevent this from happening by forcing the lenders to produce the note before the foreclosure can proceed. The lenders and the courts need to understand that proof of the note must exist and that this is not something that they can simply ignore or wave aside. It is one of your only defenses as a homeowner facing foreclosure!

When lenders act outside of the court system, homeowners may find themselves up against more obstacles. Filing a complaint in this case is not easy. You cannot force the lender to produce the note on your own. Your only option is to file a lawsuit against the lender.

This lawsuit will ask the courts to intervene and prevent the foreclosure from happening until the lender is able to produce the original promissory note.

The cost of hiring an attorney for this purpose ranges anywhere from $2000 to $5000, and that only includes preparation and serving the papers. It doesn’t include the cost of actually going to court.

You do have the ability to file a lawsuit on your own. However, to properly file a lawsuit containing all of the correct civil codes is no easy task. If you have no legal background, likely you will find this process excruciatingly slow and complicated.

That’s where this website comes in! We can do the research, file the paperwork, and serve the lender for you. All for much, much lower than you would pay for an attorney.

Produce the note is a strategy that many desperate homeowners are utilizing in their struggle to keep their home from going into foreclosure. Using this method, a complaint is filed against the lenders, demanding that they “produce the note” before the foreclosure is allowed to continue.

You may be thinking, “So what? File more paperwork? For what purpose?”

A dirty little secret that banks and lenders try to hide from consumers is the fact that they usually cannot produce the original signed mortgage document (the “note”), which means that they cannot provide proof of ownership of the mortgage. Sadly, many judges and courts simply overlook this discrepancy and allow the foreclosure to occur without any issues.

However, some homeowners have spoken up against this practice and filed complaints against their lenders. When the lenders fail to provide proof of ownership, the foreclosure is stalled, or in some cases, stopped completely. There was even one case in New York in which the lender was unable to produce the note, and as a result, the judge issued a court order that cleared the entire mortgage debt (over $460K).

Of course, as with anything, individual results will vary. But people are becoming increasingly aware of their rights within the court system and privy to the legal loopholes that banks and lenders try to slip through. Let’s face it, banks are only interested in one thing: money. They could care less whether or not you lose your home. Therefore, it’s essential that you take every precaution to ensure that you are doing everything you possibly can to prevent the foreclosure from happening.

Once you receive notice of foreclosure, your time is limited. You only have one chance to save your home. Hiring a professional will save you time, effort, and money. We can compile information, conduct all of the necessary research, and file your complaint for you.

Take the initiative and save your home today!