[needhelp56]

I was served with foreclosure papers (State of Florida) July 24, 2009 and have 20 days (until August 13) in which to reply. I'm grateful for any help you all might offer. I have several questions. (I'll try to keep this short.)

I am hoping to buy time to get my income up to a point that I might qualify for the govt. modification program, which I think I can do within the next 30 days. My only option is to work from home as I am disabled. I originally inherited this house when my mother passed in 2000 and have resided there ever since. Most recently in 2006, I refinanced with an 80% mortgage.

Of course, since the filing became public information, I've been receiving many advertisements from attorneys. Unfortunately, I do not have the money to hire an attorney. I did call one that got my attention referring to "securitized mortgages" and how the lender must be able to present the original note or prove chain of title in order to file foreclosure papers. (I know that my mortgage was sold from the original company to Countrywide and then later taken over by Bank of America.)

I am just trying to learn as much as I can. The girl at this attorney's office encouraged me to take advantage of the free consultation and set a phone appointment for Aug. 19. Meanwhile she emailed me a REQUEST FOR Extension OF TIME to file for my Aug. 13th deadline. She made it seem that this was normal, standard procedure -- no problem.

I thought today that I might ought to check with the Clerk of Circuit Court to make sure the extension was permissible. Didn't get a good feeling. I talked to two people there and both told me this particular judge may or may not grant an extension. They both indicated he doesn't go out of his way to be helpful. Well, I've spent a couple of hours with online searches about him. He has a terrible reputation from what I read. In July alone, 2 people graded him an "F" and I found other articles where he denied ANY help to people facing foreclosure!

Now my questions:
1. If I solely file for an extension and the judge denies it, have I lost any ability to question any actions and would the judge have the right to immediately order the sale of the property?

2. Is it true that the mortgage company must be able to verify chain of title to the note?

3. If so, how do I ask this be done to the court and is the judge required to order proof of title be furnished?

4. Any other suggestions?

Thanks, in advance, for your help.

[Danny T]

Yes, it is possible to use the 'Produce the note' defense yourself. Most courts will grant an extension, but it might be best to just file the answer yourself and if you hire a lawyer later on down the line, they can make modifications to it for you, if need be.

Writing an answer seems daunting because most everyday individuals aren't familiar with court languauge and procedure and become afraid that they are missing something or leaving something out. You can get help, though, from sites like SummonsReply.com. The site provides a template for your answer, the 'Produce the note' defense, steps to write your answer, and also an example of a proper answer so that you can make sure you are doing it right. You can download the template and information right away and overnight your answer. Much cheaper than hundreds or thousands for a lawyer. Hope that helps. Goodluck!:)

[Fr_Chuck]

The defense of "produce the note" is a very popular tatic today, while the judge does not have to honor it, or the lender may have it to provide easy, just the filing of this should give you at least 30 days