The strategy is gaining momentum across the country.  If your bank will not issue you a loan modification, you may want to consider a produce the note strategy.  You really have nothing to loose.  This strategy is not intedt to help you get a free home, it is only intended to delay the foreclosure process and put pressure on the lender to negotiate better terms that you can afford.

The First Step in The Produce The Note Strategy, sample letter;

IN THE CIRCUIT COURT OF THE                                JUDICIAL CIRCUIT
IN AND FOR                                      COUNTY, STATE OF
CIVIL DIVISION

[name of bank or lender]                                       ,            CASE NO.:

Plaintiff,

vs.

[your name]                                             ,

Defendant.
/

REQUEST FOR PRODUCTION OF A DOCUMENT

Defendant   [your name]                              requests Plaintiff,    [name of bank]                                              produce, within thirty (30) days of the service hereof, at    [your address]____________ ,                                                                                                        the original Promissory Note signed by Defendant on [date you signed the promissory note].

[Sign your name on this line]
[Type or print your name here]
[Type or print your address here]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished by U.S. Mail to:      [name and address of Plaintiff’s / Bank’s / Mortgage Company’s , this ______ day of      [month]            , 2008

[Sign your name here]
[Type or print your name here]

If the lenders lawyer does not respond within 30 days you should file a motion to compel;

sample file motion to compel;

IN THE COURT OF                              IN AND FOR
COUNTY, STATE OF
CIVIL DIVISION

[Fill out the above with the official name of your court]

[name of lender]                                       ,            CASE NO.:   [fill in case number]

Plaintiff,

vs.

[your name]                                             ,

Defendant.
/

THE DEFENDANT’S MOTION TO COMPEL

Defendant [your name], moves the court for the entry of an Order directing Plaintiff to

produce to Defendant the document described in the request to produce which is attached as an

exhibit to this action.  The basis for the relief requested is set forth below.

On [date you sent request to produce to Plaintiff’s lawyer], Defendant sent to Plaintiff’s

Counsel by U.S. Mail the request to produce, a copy of which is attached as an exhibit.

Despite the passage of 30 days (in addition to 5 days, as this request was sent by U.S.

Mail for the services of Plaintiff’s counsel*) of this request on Plaintiff’s counsel, Plaintiff has

not  produced the requested document to Defendant or contacted Defendant to state

that the document is available for inspection and copying.

*You should check the Rules of Procedure in your jurisdiction or call the Clerk of Court to confirm how much time a litigant has to respond to Discovery before you can Move to Compel the production of this document.  Thirty days has been inserted in the Motion as this is the amount of time most states give a litigant to respond.  Your state’s rules may be different, and you need to state in the Motion the number of days which your state provides.  (*Note: delete this passage before filing)

Defendant hereby requests that this court enter an Order directing Plaintiff to produce the

document requested by Defendant in the request to produce, and provide to Defendant such

other and further relief to which Defendant may be justly entitled to under the circumstances.

[Sign your name on this line]
[Type or print your name here]
[Type or print your address here]

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished by U.S. Mail to:      [name and address of Plaintiff / Bank or Mortgage Loan Company , this ______ day of      [month]            , 2008

[Put your name here]
[Type or print your name]

This information is of general interest.  If you need legal advice seek the services of a professional or attorney.