Legal Question in Real Estate Law in California

''produce the note''

Are there any laws or codes I can cite in my motion that will back up a defense of ''produce the note''?


Asked on 7/14/09, 4:01 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: ''produce the note''

Yes. You can look them up at a law library.

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Answered on 7/14/09, 4:03 pm
David Gibbs The Gibbs Law Firm, APC

Re: ''produce the note''

By the way, while you are at the law library, you will want to look up the very few reported cases in California where this issue has been raised. The homeowners have lost them all. California is not Florida nor Illinois where this has worked in a few very limited cases. In Illinois, this only worked in a Bankruptcy proceeding because the judge was being a hard-you-know-what. There are apparently other Illinois cases that have overruled the "produce the note" defense there. I am not aware of a single case in California that has been successful in asserting the produce the note defense, and I have spoken with the attorney in Florida who has successfully prosecuted these in Florida, and she's not aware of anyone in California who has been successful. Good luck, but I fear you may be chasing windmills.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/14/09, 7:09 pm


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