Note Endorsed without Authentication means zip, zilch, nada.

*The following article is not to be construed as legal advice, consult with an attorney for that stuff.
What happens when the lender finally Produces the Note?

The “Produce the Note” defense is not a panacea, a cure-all tactic for homeowners who may be victim of an unlawful foreclosure Complaint. The homeowner may ultimately have their day in Court, where a party, claiming to be the Real Party in Interest, is before the Court with the Original Blue ink Note. Some Notes are lost or destroyed, but many may be retained. What is the defense when the party has an original Promissory Note, and a Mortgage Assignment(if they are not the original lender)?

Discovery and Evidentiary Hearings

The Discovery process is the only way to fight the foreclosure. An esoteric and complicated securitized mortgage defense will rarely work in convincing the Judge to dismiss a foreclosure at a hearing, so the homeowner must begin the argument up front and out of Court using the Civil Rules of Procedure.

If you are ever presented with a Note Endorsement, you must carefully examine the Endorsement and/or Allonge. If you are served an Allonge, the extra piece of paper, this likely means the Endorsement was back dated or fabricated. An allonge was only intended to be used as “extra” endorsing space, assuming the back of the Note or negotiable instrument is full of other signatures.

If the endorsement is not Authenticated, per the Federal Rules of EvidenceĀ  901(a), then it may not be allowed into evidence. Here comes the question of “authentication”. What is it?

1. Is it Notarized? How can it be dated without an official Notary Seal?

2. Is there evidence of forgery? Squiggles, photocopy marks, cut and pasted?

3. Is the signing authority including a Power of Attorney?

4. Is the signing authority using a “Limited Signing Authority”?

The list goes on…keep asking these questions in your Discovery. Most rules of Discovery do not limit the amount of questions or the number of requests you may be able to make to the other party. The more questions that go unanswered, the more solid you build your defense and cement your argument. Do not expect the Judge to do this for you, or expect the Court to side with you out of pity…they never feel bad for a commoner.

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