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'Produce The Note' Request Provides Foreclosure Reprieve
Defense Technique Keeps Family In Home Seven Extra Months
POSTED: 4:54 pm MST February 24, 2009
HIGHLANDS RANCH, Colo. -- Produce the note. Those three words could be the difference between losing your home and ending on the street.Some homeowners and foreclosure attorneys said that three-word request can buy people precious time to get their finances in order to try to save their home.Not everyone agrees it's a solution to the foreclosure crisis, but some believe it's an effective last-ditch effort for those struggling to hold on to a home facing the auction block.
The "produce-the-note" strategy is gaining steam across the U.S. It's a defense tactic that, if granted by a judge, forces banks and lenders to come up with hard to find and sometimes non-existent documents.For Dewey and Diane Gibbs, that simple request bought them seven extra months in their home.The Gibbs said they were facing foreclosure in July.Dewey Gibbs' illness prevented him from working, and Diane's income was the only money coming in. They admit they made the mistake of signing up for an adjustable rate mortgage (ARM) loan. Then, the monthly bills got out of hand, they said.With the foreclosure hearing days away, they said they had all but given up on the idea that they could keep their Highlands Ranch home."Anytime you have little people going up against these big banks and big law firms, you assume there is nothing you can do," said Diane Gibbs.But the Gibbs said a local attorney convinced them they had options. All they had to do was ask the bank to "produce-the-note."The Gibbs said they filed the motion in July and just recently received word from their bank that the note has been found. Still, no action against their property has been taken and the bank said they are reviewing the Gibbs' proposal for mortgage modification.The Gibbs said they hope they won't lose their home after all but realize it is a real possibility. They said were thankful for the time the loophole bought them."You know we want to pay for our house. We want to do the right thing," said Dewey Gibbs.Experts on the topic aren't easy to come by.Here are a few in the area who we found. 7NEWS does not endorse these experts' services.Attorney Bill Henry (303) 688- 0944 or visit Henry's Web site.Attorney Jose Vasquez, Colorado Legal Services (303) 866-9356 or visit CLS's Web site.
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