"SHOW ME the NOTE" legal theory is DEAD in CA
For those California homeowners facing financial distress, demanding that your loan servicer "show you the original note" that you signed years agao as evidence of your debt...is a waste of time. You need to focus on assignment fraud.
Unlike Florida, California is a non-judicial foreclosure state. This means that a Trustee holds "nominal" title pursuant to the Deed of Trust. The standard for completing foreclosure is much lower. Here's what the courts say:
predicated on the foreclosing parties' failure to physically produce the note, Defendants are correct
that she cannot state a viable claim on the basis of that theory. California law does not require a
foreclosing entity to produce the note.
See, e.g., Wootten v. BAC Home Loans Servicing, LLP, No.10-4946 LHK, 2011 WL 500067, at *7 (N.D. Cal. Feb. 8, 2011) ("[U]nder California law, there is
no requirement that a trustee produce the original promissory note prior to a non-judicial foreclosure
sale.") (citations omitted).
If you seek to challenge your foreclosure, contact the office for details.
