Produce the Note California Style


“Recently, California courts have dismissed any causes of actions having to do with “Produce the Note” claiming that “California courts have held that the Civil Code Provisions” cover every aspect “of the foreclosure process and since there is no requirement to “Produce the Note” in the nonjudicial foreclosure statutes, no note must be produced before foreclosing.

In order to avoid this type of ruling, it is important that you put your argument inrebuttal to the above dictum on the record so that it will get overturned onappeal. A good place to start is right in the Civil Code sections the judges proclaim to have the complete authority and “cover every aspect”.”


11 Responses to “Produce the Note California Style”
  1. Ken Paar says:

    My house at 1707 Starlite Drive, Milpitas, located in Santa Clara County, CA, was foreclosed on May 4, 2009 by Homeq Servicing and bought at the auction by my 2nd mortgage lien holder, Wells Fargo. I’m currently engaged as a plaintiff (along with about 1,000 others) in a lawsuit (Lis Pendens) in Orange County, CA in case # 30-2011-00446907-CU-OR-CXC filed on or about Feb 2, 2011 by NOAH (National Organization of Assistance for Homeowners). We are suing for (1) injunctive relief, (2) fraudulent concealment, (3) intentional misrepresentation, (4) declaratory relief, (5) unfair competition and (6) damages of my losing my home. If you have any success or horror stories to share with me, I can either be reached at or by phone at 800-581-4324 business or 408-667-1600 cell for questions/comments.

  2. JOHN C. HACKER III says:

    Has anyone won in court and actually reversed the actions of this wrong doing.PEOPLE THEY ARE TAKING ,MORE LIKE.stealing peoples homes.if this doesnt rattle oneself.your not human .this is a tragedy and its happening to me.i was in a modification after giving hom eq 12,000.00 dollars. the deal was make 4 payments 3 to home eq and 1 to ocwen and this was to lock me in art 5 years 4.75%. i made those payments ontime. upon ocwens welcome letter,in which everything was wrong besides my name and address.along with 35,000.00 dollar increase in princilpal.Now they increased my principal to 339,000.00 and auctioning my home on Maech 7,2011. THIS IS WRONG .IVE DONE NOTHING WRONG AND THEY ARE TAKING MY HOME THAT I GREW UP IN……PLEASE SOMEONE HELP ME.. IM AT 714 317-0285 SINCERLY JOHN C. HACKER III COSTA MESA,CA. 92626

  3. figgjax says:

    California Civil Code Section made Note returnable-do a claim and demand for the Note and Deed of Trust:
    “(a) Within 30 days after any mortgage has been satisfied, the mortgagee or the assignee of the mortgagee shall execute a certificate of the discharge thereof, as provided in Section 2939, and shall record or cause to be recorded in the office of the county recorder in which the mortgage is recorded. The mortgagee shall then
    deliver, upon the written request of the mortgagor or the mortgagor’s heirs, successors, or assignees, as the case may be, the original note and mortgage to the person making the request.”

    • JOHN C. HACKER III says:

      my home is scheduled to be auctioned macrch 7,2011. HomeEQ and now Ocwen has put this sale date on my home,im meeting an Attorney today,HAS anyone succeeded with taking these crooks to court and stopped them from taking peoples home in california courts .please feel free to call me at 714 317-0285, PLEASE I DONT WANT TO LOSE MY HOME I MADE ALL MY TRIAL MOD PAYMENTS AND THEY ARE SCREWING ME HELP HELP!!!!!! SINCERLY JCHIII.

      • tracy says:

        well whats happened to your house on march 7th? i was at the auction in Norwalk what a joke its robbery at its finest the best thing for you to do is steal it back, as far as a loan modify. thats you giving the house to them in writing and confirming that they now signed you up to a loan and your hooked into a loan with a crook servicer , i believe loan mods are another way around the theft. good luck or call me 818-437-2077 my house was set to sell on march 7th its a big poker game to see who’s bluffing dont lay down stand up and fight the crook single handedly

      • The original countrywide loan conviently had recontrust as purchaser, then sold to boa, then recontrust handling foreclosure, filled out a form through aflac? requesting that they show me the note; was immediately sent next day through fedx; with a typed written letter by who’s authority was I requesting it and no they wouldn’t send it, only sent enough of note to know that I didn’t sign up for a variable on 838 Prado Drive, Soledad, Ca 93960; also when person came to sign documents, notary, he had called his boss since the figures weren’t in the box on payment, did I supsect anything, why would I , it’s the lenders job too protect us isn’t it?? Obviously once upon a time had a lender that actually had my best interest; thought that was a given, please lets aplaud the pollyanna naive………………..and still learning. there is no recoarse, this is a waste of time need to move on. how would anyone fight fraud if federal housing bought up the loan and then sold it too fannie mae??? now please tell me, how would you do that??? considering for the most part lthe feds are the ones doing the protecting??? guess I am nuts.

      • Ira Dernotsei says:

        Really simple:

        1. Stop the sale. No matter what, do not allow the property to be sold at auction. If you can’t get your legal work in order and filed before the Trustee Sale, buy a bull-horn and when the property comes up for bid, indicated “Clouded Title”. If you’ve filed suit, then when your property comes up for auction, have a sheriff serve them, or even use the bull horn to notify would-be purchasers that the property is subject to “Lis Pendens” (legalese for “Law Suit Pending”).

        2. Get your ducks in a row. If you haven’t, file a “Qualified Written Request” (“QWR”) per RESPA (check item 22 in your FMAE conforming Mortgage docs) and demand the note.

        3. Get your law suit filed. In California, you can’t “demand the note” to prevent foreclosure, but per RESPA federal statutes, you can ask for production of the note which would a) stay any foreclosure and b) stump them when they can’t.

        – Grounds for the law suit are “anticipatory breach of contract”. California requires that the mortgagee produce (reconvey) the “original note” and “deed of trust” upon fulfillment of obligatory performances by Mortgagor. But you haven’t paid off the loan note, you say. But if they can’t produce the note to foreclose, or upon a QWR, then how would they produce it at the end of the mortgage? Thus you have cause for “anticipatory breach of contract”, and the relief you will seek is to “Quiet Title”.

        – Additional grounds are fraud if you’ve been dragged through a loan modification.

        – Record every conversation you have with the loan servicer. Note the standard “This call will be recorded or monitored for quality assurance purposes”, and make sure you record that part. If they haven’t led with that recording, then ask the CSR on the other side of the call, “Do you know? “Is this call being recorded”?”. That will indemnify you against any illegal recordings and will allow you to use what they say in court.

        – File a motion for injunctive relief, an emergency stay on any sale of the property, name both the mortgagee, the servicing bank, the trust, and any service affecting the trustee sale.

        4. Start figuring out how you are going to come up with the money you owe. This will stall the bank, but after the first of these suits gives “Quiet Title”, the banks will lawyer up and it will get harder. You borrowed the money, you will need to repay it plus anything in arrears. But it will give you time to find a job, get a better job, or find alternative funding.

        5. If the mortgage was recorded through MERS, introduce the land titles recordations in your law suit as evidentiary exhibits, this will put the current status on record. MERS has no standing, but as the mortgage deed holder, if they don’t reconvey prior to the action (or foreclosure), the chain of title is prima facia broken, the deed and note severed. While most states automatically treat deed and note as being held by the same party, if you can catch them without both, it becomes defacto that they did not preserve the integrity of securitization and by virtue of ignoring the laws that grant “power of sale”, they cannot now ask those same laws protect them. You live by the sword, you die by the sword.

        6. Now, if during loan modifications, your servicer rejected payment for whatever reason, there may be a valid charge that they have no claim to your property NOR the loan itself. The Federal Reserve Banking Act of 1913 created the obligation of “Legal Tender”. It’s on every Federal Reserve Note, “This note is legal tender for all debts private and public.” Critical at the time the Act was signed was that the Fed Notes would not compete with other bank notes, and through the Act, if someone does not accept a dollar paid for a dollar owed, then they forfeit any claim. Some banks are known to reject payments while a loan is in default which is unfortunately fatal to the loan. They can’t reject payment and then demand payment, it’s neither an equitable position, but more importantly it is moot by way of statute. I’d need to see if there is case law regarding checks, wires, and bank transfers that go through the Federal Reserve branches (sometimes known as Automatic or Electronic Clearing Houses – ACH). It would seem the same, that legal tender is any funds that go through the Federal Reserve Banking System, whether as issued through the treasury or via the ACH electronically.

  4. Sonya says:

    GEORGIA RESIDENTS: Getting together a CLASS ACTION LAWSUIT against Bank of America. If you are being wrongfully foreclosed on by Bank of America. Contact: 706-295-0333

  5. exifactor says:

    Rescind your Deed of Trust, have recorded and give Notice of Rescission to effected parties (Trustee and Beneficiary) . Verify the Note has been negotiated, which serves to satisfy your debt. Obtain a Certified Copy of the Grant Deed executed prior to or recorded with your Deed of Trust.. File UCC Fixture and Interest Liens..
    Sue for adjudication of the aforementioned process for enforcement thereof…..

    This is just my opinion, and therefore does not constitute legal advise :-)…

    • Ira Dernotsei says:

      How do you “verify the note has been negotiated”? Are you referring to the re-assignment of the loan note to a secondary investor? Or are you referring to the mortgage deed of trust?

      Would this be different from requesting a certification of repayment from the last note holder in the chain on title? File a motion to compel production of re-conveyance of deed of trust by last holder on chain of title? Or does this rely on a reconveyance being properly filed leaving last note holder with a loan note severed from title?

      It would seem both approaches could work, perhaps one in one state, one in other states? How does the UCC fixture work?

  6. tim says:

    on note and deed in california, mers is beneficiary, and recontrust the trustee
    recontrust is doing the forclosures for b of a. is this different from the other fraudulant problems using mers?
    recontrust owner by b of a. anyone, i would appreciate any assistance thanks, tim

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