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Focus (Forum & Focus)

Jan. 23, 2009

Give and Take

A spate of "produce the note" suits seek to enjoin the foreclosure process by alleging that the lender didn't have possession of the original promisory note, writes Joshue R. Mandell. - Focus Column

FOCUS COLUMN

By Joshua R. Mandell

As the numbers of residential foreclosures reach record highs, a wave of novel foreclosure rescue litigation has started to flood California's courts. Known as "produce the note" lawsuits, hundreds of these suits have been filed within the short span of just a few months. Many of these suits are being quickly dismissed by the courts and at least one federal judge in the Central District of California has described...

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