Catalyst 1's Comments
I found this very misleading, coming from an attorney. I'm guessing people who can't afford to pay their mortgage can't hire an attorney, but anyway...
You can't just say "produce the note" as if those are magic words. What they are doing is filing a request for production of discovery documents in their foreclosure case. The bank then has a while to either locate the document and provide it to you, or come up with a reason why they don't have to give it to you.
Were I the bank's attorney, the first thing I would do is send the homeowner a set of interrogatories and the only questions would be "did you take a mortgage out for Property X at our bank" and "do you agree those mortgage payments for Property X have not been paid?" Bam. Problem solved. Either the homeowner admits they owe it (thereby making the necessity of producing the original note pointless) or they lie under oath (an equally bad option).
You can't just say "produce the note" as if those are magic words. What they are doing is filing a request for production of discovery documents in their foreclosure case. The bank then has a while to either locate the document and provide it to you, or come up with a reason why they don't have to give it to you.
Were I the bank's attorney, the first thing I would do is send the homeowner a set of interrogatories and the only questions would be "did you take a mortgage out for Property X at our bank" and "do you agree those mortgage payments for Property X have not been paid?" Bam. Problem solved. Either the homeowner admits they owe it (thereby making the necessity of producing the original note pointless) or they lie under oath (an equally bad option).
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As for the comment of the loser paying all the court costs, you have no idea how the financing of our legal system works, and if you had your way, your health insurance / car insurance / home insurance would never pay for anything ever, as if they don't dispute everything now. They love to take your premiums, but they'll file a lawsuit if you ever actually try to collect on your insurance.