Does the “Produce the note” approach stand in the state of Florida?
I have had clients (short sale listing), who have utilized this technique, which is perfectly legal, btw–it’s based on the fact that in order to repossess soemhting, a debtor must produce evidence they actually have rights to it, along with all other documentation, including escrows, payments, etc. It does not, however, delay the inevitable forever, only buys time, unless, of course, the lender is not one of the Fannie/Freddie backed. I recommend if you are already falling behind in your mortgage payments to eniist whatever means you have to delay the process, certainly (most of which you can actually do yourself–it involves sending letters, such as the RESPA letter). If, however, you know that there is no way you will be able to stay in the house and make the payments–go ahead and put it on the market with an experienced short sale agent before it’s too late!
