Homeowners usually request that they be shown examples of letters they are able to send to their lender to fight foreclosure. The examples below can be a template of a form letter than homeowners can send to their lenders to request that the original promissory note be produced readily available for inspection. No matter whether the lender or servicing organization will likely be able to comply with this request may mean the difference between defending a foreclosure lawsuit or losing the residence.

YOUR STREET ADDRESS

YOUR CITY, STATE ZIP CODE

YOUR LENDER

YOUR LENDER’S STREET ADDRESS

YOUR LENDER’S STREET ADDRESS 2

YOUR LENDER’S CITY, STATE ZIP CODE

TODAY’S DATE

Re: YOUR LOAN NUMBER

To Whom It May Concern:

Please accept this letter as my formal request for a copy of my Promissory Note.

I'm the owner of the real estate property located at YOUR STREET ADDRESS, CITY, STATE ZIP CODE. This property is security for a loan made by ORIGINAL LENDER’S NAME, and was made on DATE OF LOAN.

Within thirty (30) days of the date of this letter, please send me the Promissory Note for this loan for my own personal inspection.

For those who have any questions or concerns relating to this matter, you might contact me via normal mail at the address listed above. Thank you for your prompt attention to this request.

Sincerely,

YOUR SIGNATURE

YOUR NAME

With all of the confusion of promissory notes and original mortgage paperwork that has been occurring in the mortgage industry over the past couple of years, this might be the exact request that lenders don't desire to receive from borrowers. Specially if there are other issues, such as an incomplete chain of title or conflicting land records, the servicer may well be unable to prove it has legal possession of the documents.

If the corporation suing the borrowers for foreclosure can't show proof of possession of the original note, there might be challenging legal hurdles to clear for the lawsuit to go by way of. A lender or servicer which will not show it owns the note can not prove it has a dispute about a loan it can not prove it even has an interest in. Various instances so far have been thrown out of state and federal courts simply because lenders did not maintain records of ownership.

Needless to say, merely sending such a request to the lender is no guarantee against losing the property. Nonetheless, homeowners defending a foreclosure must have as much details as feasible, and as a lot of different arguments as they can uncover as to why the lender ought to not be allowed to move ahead with sheriff sale and eviction. Sending a letter requesting the production of the promissory note is one a lot more tool that will be utilized by homeowners.