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Full-Text Articles in Property Law and Real Estate
Show Me The Note Q&A, David J. Reiss, Bradley T. Borden
Show Me The Note Q&A, David J. Reiss, Bradley T. Borden
David J Reiss
This is a Q&A relating to an article, Show Me The Note, available at http://works.bepress.com/david_reiss/63/.
"Show Me The Note" refers to a defense that seeks to forestall or prevent foreclosure by requiring the foreclosing party to produce the mortgage and the associated promissory note as proof of its right to initiate foreclosure.
Show Me The Note!, William K. Akina, David J. Reiss, Bradley T. Borden
Show Me The Note!, William K. Akina, David J. Reiss, Bradley T. Borden
David J Reiss
News outlets and foreclosure defense blogs have focused attention on the defense commonly referred to as "show me the note." This defense seeks to forestall or prevent foreclosure by requiring the foreclosing party to produce the mortgage and the associated promissory note as proof of its right to initiate foreclosure.
The defense arose in two recent state supreme-court cases and is also being raised in lower courts throughout the country. It is not only important to individuals facing foreclosure but also for the mortgage industry and investors in mortgage-backed securities. In the aggregate, the body of law that develops as …