Show Me The Note! - Akina, Reiss & Borden

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Show Me The Note! – Akina, Reiss & Borden

Show Me The Note! – Akina, Reiss & Borden

Show Me The Note!

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William K. Akina, Brooklyn Law School
David J. Reiss, Brooklyn Law School
Bradley T. Borden, Brooklyn Law School

Abstract

News outlets and foreclosure defense blogs have focused attention on the defense commonly referred to as “show me the note.” This defense seeks to forestall or prevent foreclosure by requiring the foreclosing party to produce the mortgage and the associated promissory note as proof of its right to initiate foreclosure.

The defense arose in two recent state supreme-court cases and is also being raised in lower courts throughout the country. It is not only important to individuals facing foreclosure but also for the mortgage industry and investors in mortgage-backed securities. In the aggregate, the body of law that develops as a result of the foreclosure epidemic will probably shape mortgage law for a long time to come. Courts across the country seemingly interpret the validity of the “show me the note” defense incongruously. Indeed, states appear to be divided on its application. However, an analysis of the situations in which this defense is raised provides a framework that can help consumers and the mortgage industry to better predict how individual states will rule on this issue and can help courts as they continue to grapple with this matter.

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One Response to “Show Me The Note! – Akina, Reiss & Borden”

  1. Glenda Aul says:

    I had countrywide, bought by BOA. Have been given run around on mod for segeral years now. Need help, or I am gonna lose home I have paid on for 23 years. 61 ablnd didabled, hardships even worse now. They will not do it! I understand they are compensated for every app for mods, so they just open file and will not grant. I need help! I wrote to cfpb ablnd all they did is rell BOA to start paperwork again! Useless ! I an in indiana . The note defense? What can I do?
    Glenda Aul

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