Asking lender to produce the note

[Matt Whiteside]

I've heard about people trying to stop foreclosure using the produce the note argument. Has anyone used this when trying to negotiate a short sale, if so how did you incorporate it into your strategy?

[Chris Martin]

In trustee states, the deed of trust contains the enforcement clause, not the note. The power of sale is employed by the trustee, and the note (and its owner) is not material after the initial special proceedings hearing. But think about it for a moment. The note holder isn't getting paid... that's why the foreclosure suit was filed in the first place. As a note holder (plaintiff), if someone (defendant) asked me to produce the note, I'd say how about you produce a payment?