Legal Question in Real Estate Law in California

If you mean, "Will it prevent foreclosure?" the answer seems to be no at the present. Courts have held that a trustee sale does not require presentation or return of the note; the beneficiary for whom the trustee is working need only represent that it is entitled to foreclose at this time under the (recorded) deed of trust, which recites that the note exists. It is also possible for the foreclosing lender to buy and furnish an indemnity bond to the effect that, if someone else comes up with the note, the bond will pay the borrower's damages from double payment. Other attorneys who post here have a couple other reasons why the lender wins. I also point out that the foreclosing lender could sue for foreclosure rather than use a trustee sale, then put you on the witness stand and ask embarrassing questions about your executing the note and then failing to make payments when due. So far, the borrower is out of luck, but there may be a change in the future due to court or legislative polocy change.

I agree with Mr. Whipple. Failure to produce the note does not preclude foreclosure.

If you have properly served the lender with a demand for a beneficiary statement pursuant to Civil Code section 2943, then under that statute, they are only liable for a measly statutory penalty of $300.

To me, that is like shooting a slingshot at a lion.

There is no legal requirement that the note be produced ever, except when the debt is paid, and even then there are exceptions and excuses.