A lot of people are having their homes foreclosed on who shouldn’t be because they did not have the information, the knowledge that the mortgage broker or loan originator did and failed to consult an attorney before signing a document that they may have not fully understood. They were taken advantage of and are paying for it and that’s why homeowners need to start fighting back when someone is trying to take their home by foreclosure, especially since an overwhelming percentage of mortgages granted over the last 3 to 5 years have been packaged into securities and re-sold and re-assigned numerous times since the inception of the borrower's original mortgage and note and, because of this, in some states, homeowners have better than a 50/50 chance of being successful in defending themselves against a completed foreclosure. Why wouldn’t anyone who owns a home do everything in their power to protect and defend it?

Okay, so what am I talking about, you say? I’m talking about the fact that the bank or lender foreclosing on your property is more than likely not the original lender and maker of the mortgage and note and if they are not and they cannot produce the original mortgage and note then they cannot legally foreclose on your home. They must first prove that they have the legal right do to so in the first place by proving that they have legal possession of the original promissory note. The thing is that just because a Lender claims to have the mortgage and promissory note but that it was lost or misplaced means that he will then have to prove that in a court of law.

Every homeowner who is facing a foreclosure should see an attorney or, if he is legally-trained, or has the fortitude to take it upon himself, he should dig into the law-books, every courthouse has a law library and many public libraries have a set of legal books, also the web gives access to many, and he should fight it, if the lender cannot produce the original note, and with the toxic mess we presently have, with brokers and banks table-funding so many deals it is a good bet that they will NOT be able to produce the original note; in which case you have just become the sole legal owner of your home, until, and if, it is ever proved different.