Produce The Note: Too late?

[Helpinpa]

*** suggested I post my question in this section. I hope someone can give me a little advice.

I posted out here a few months ago so I won't go into the long winded version as to not take up too much space.

I live in PA and the sale is rescheduled for the end of March. It was originally scheduled for Jan and I was able to get it postponed.

The short of it is because I'm self employed I've been turned down for a loan modification twice as I don't have all the documents required by Chase to prove income etc.

I do however have $5,200 of the $7,800 I'm behind on payments. Chase will not take the payment. Since I don't qualify for a mod they want the entire balance due.

I only need one more stall tactic to buy me a couple more months to get the rest of the money together to save my house.

Can I at least attempt to use the "produce the note" strategy at this point or is it too late since a judgment has already
been entered against me?

I've read conflicting opinions. The one news story I saw said the home owner used this tactic only days before her house was going up for auction. However other articles I've read say once you have a judgment against you this strategy won't work as it's too late.

Anyone have first hand experience or knowledge?


Thank much!

[ORNV3]

I don't know but I think it's worth a shot.

[The Professor]

Your state does not appear to have a non-judicial foreclosure process, meaning that all foreclosures are handled by Court process. It is impossible, given the information provided to determine what stage you are in, except that it may be since you've indicated that you were able to postpone the sale, that it may be too late in the proceeding to bring up the issue of what has been characterized as the "produce the note" defense. As some point, usually when you file an answer to the complaint for foreclosure, you would deny that the lender is the owner of the note. What you are effectively doing is raising an affirmative defense to the foreclosure action. Look you really need a lawyer to represent you on this. If you didn't have one (or even if you did) you probably stipulated to the delayed sale, and may have given up the right to raise these sort of defenses.

Daniel