Legal Question in Real Estate Law in California

Re: Looking for attorney for foreclosure in Northern CA

Sure, it is similar in mentality to the 'income taxes are unconstitutional, so we won't pay' arguments. By the way, most of those people end up in federal prison, arguing that their 'rights are being violated'.

"Produce the note strategy" implies that you think they don't have the promissory 'note' and trust deed documents. It's pretty unrealistic to believe that they wouldn't, as that is their business.

However, if you are willing to pay substantial attorney fees and costs to fight and delay the foreclosure, or file your own lawsuit and risk court sanctions for frivolous lawsuits, you can possibly delay it a little at a price. If you have enough money to do that, it would be smarter to use it to pay up the mortgage, or try to renegotiate the loan with good faith offers using that money. The 'threat' of suit probably does you more harm than good with the lender. They're more likely to cut you a deal if you approach them with a reasonable offer than a threat that has no real validity other than to delay and cost everyone attorney fees.

BTW, don't believe without suspicion the ads of various people claiming to be able to do renegotiate for you, for a fee.