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Posted by Steve in CA on June 26, 2009 at 17:25:13:
I have been discussing the produce the note strategy with a few people here in California who have been sent a Notice of Trustee's Sale. I realize that we are in a non-judicial state so the lender will not be required to go to court to sell the home, but perhaps as suggested on the Consumer Warning Network, they could initialize litigation requiring the lender to prove that they have the note authorizing them to sell the property. However, when I went to County Records all of them have their Deed of Trust recorded with the county with the promisory note language, loan amount and their signature. Is there any reason to think that the lender can not retrieve this information and prove their right to foreclose on these properties?