Friday, October 15, 2010

A Note On Foreclosures

I know I usually stick with health care related legal advice, but with so many people going into debt and bankrutpcy and foreclosure due to health care related expenses, it seems to me that this isn't a far way off.

I'm sure you've all read and heard that a bunch of big banks have had to stop foreclosures because it turned out the bank didn't do the paperwork correctly. Well, here's the thing. You have a right to force the bank to produce the original copy of your mortgage if they want to foreclose on that mortgage. Go to the clerk of the court and ask for help in serving a subpoena. Serve a subpoena on the bank demanding that they send someone to court with your original mortgage. When you all show up in court, ask the bank person to take the witness stand and produce the original mortgage. If they can't produce it, they can't foreclose. The original is the "best evidence" under the Rules of Evidence. Tell the judge the best evidence rule applies and the bank is required to produce the mortgage. The bank will beg for a postponement, but then they will have to go searching for the original mortgage. And if they can't find it, or don't have it because they bought your mortgage from someone who bought your mortgage from someone who bought your mortgage -- you WIN!

It's not hard. You can do it yourself. As I always say, Know Your Rights! Jennifer

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