HELLO AND WELCOME!
TO TEHACHAPI COURT SERVICES
~ Where You Help Yourself To Justice. We're the Best Problem-Solving
Device -- When You Don't Need Legal Advice.
WHAT'S NEW? Our Laundry List -- What We Do.
• Need To Save Your House From Foreclosure? See This Month's "Attorney
Spotlight" and Read His Vital Message at the End of This Page, entitled:
"Produce The Note Strategy" by Attorney Michael Rooney.
• Need an Advanced Health Care Directive For Someone To Make Health
Decisions When You're Too Sick To Speak or Make a Decision ?
• Need a Durable Power of Attorney re Financial Decisions for Someone To Make
Financial Decisions When You Can't?
• Need To Make Sure Your Loved Ones Get Your Property, Not The Probate Court?
• Need to Start A Simple Divorce? Call us.
• Need to Transfer Real Property? Call us.
• Have A Divorce With A Lawyer As Opposing Counsel, You Need Money For
A Lawyer And Spouse Has Ability To Pay Your Attorney Fees? Call Lancaster,
State Bar Certified Family Law Attorney Claudia Cloud-Weaver.
• Have a Worker's Compensation Injury, then call Lancaster Attorney Ulric Usher.
• Need A Legal Finding Of Who The Baby’s Father Is And Child Support?
• Need Immediate Child Support? Call us.
• Need An Immediate Custody Order? Call us.
• Need More Child Support Or Spousal Support? Call us.
• Need A Criminal Trial Attorney in Kern County or Antelope Valley Area, then
Call Lancaster Attorney Ulric Usher. Need a Criminal Trial Attorney in Los
Angeles County, then call Los Angeles Attorney Larry Williams.
• Need For A Restraining Order From Domestic Violence And/Or Stalking? Call us.
• Need Exclusive Use and Possession of House Pending Trial? Call us.
• Need To Get Back Your Driver’s License Or Professional License? Call us.
• Need To Freeze Bank Accounts To Protect Your Community Interest? Call us.
• Is Other Parent Refusing You Reasonable Visitation with Kids? Call us.
• Need To Evict Someone? Call us.
• Need To Stop An Eviction? Call us.
• Need to Record Lien on Real Property for Money Owed You? Call us.
• Need to Record Lien Against Real Property in Other Counties? Call us.
• Need Court Order To Care For Child Not Your Own? Call us.
• Need To Research Some Legal Information? Call us.
• Need To Write Someone A Strong Letter? Call us.
• Need To Talk To Someone About Anger Management? Call Karina Narduzzi at
Tehachapi's Positive Solutions, 661-303-5669.
• Need home or automobile insurance, call Farmer's Insurance Agent, Carlo
Narduzzi at 661-823-0494.
• Do you have kids or grandkids that live a long distance away and today's
economy doesn't permit you to see your kids or grandkids more frequently? Do
you have court-ordered visitation and your kids live in another state. Call us
and find out about ACN's Iris 3000 Video Phone and SEE and talk to your loved
ones every single day! We're ACN Independent Reps (for discounted
telecommunications equipment) at www.millionairesgateway.acnrep.com.
• Watch this website for the Video Watches that will be coming soon! Soon you
will be able to call your kids and SEE where they are, both while in school and at
home. Video Watches will be better than cellphones when it comes to keeping in
touch with your kids.
If you answered YES to any of the foregoing questions, please call 661-822-1994 or
661-300-0048. We Can Help!
If your legal documentation is more than you can handle as a
Pro Per Litigant in Court, not to worry, we have Referrals for any
attorney that you need!
In all Personal Injury cases, you require the expertise of an
attorney, not a paralegal service. Attorneys at Law carry the
necessary "officialdom" that's required to make Insurance
Adjusters give you your money. Hence, we refer all personal
injury cases to the experts. Call 661-822-1994 for a Referral.
If you think anger and stress are controlling you, please call Positive
Solutions Anger Management Coaches at 661-303-5669 and ask for Karina
or Carlo; or go on their website: www.positivesolutions.org. They also
accept referrals through the Kern County Superior Court.
ATTORNEY SPOTLIGHT -- MICHAEL ROONEY, ESQ.
You Will Need An Attorney Referral On This Subject.
Call Us Immediately To Refer An Attorney To You.
"Produce The Note Strategy" By California Attorney, Michael Rooney, Esq.
http://mikerooneylaw.com
“What is "produce the note"? Produce the note is a defensive strategy that
you can use to fight foreclosure and force the bank to prove that you owe it
any money at all. In courts of law, the plaintiff has a "burden of proof",
meaning that it has to put forth evidence that shows everything it says is
actually true. However, when the plaintiff makes claims that the defendant
does not challenge, then the court usually accepts the Plaintiff's claims on
face value on the basis that you had a chance to contradict them and
didn't. When you say "produce the note" what you are doing is challenging
the bank's assertion that you owe it money, that it has a mortgage on your
house, and that it has the right to foreclose on you at all. One attorney has
estimated that nearly 50% of mortgages have been lost or destroyed in the
carnage of all the selling, pooling, servicing, tranching, and defrauding that
went on in the years from 2001-2008 in the American Secondary Mortgage
Market. 50-50 is pretty good odds of YOUR note coming up missing.
When Its Used:
Generally, during the discovery phase of litigation is the best time to
employ "Produce the Note". That is, after you have sued the bank (say, for
Quiet Title), or the bank has sued you (i.e., foreclosure). Discovery is the
process by which each side of a pending lawsuit gets to ask the other side
for all of the pertinent information with which it intends to prove its
claims. For example, if you sue the bank for Quiet Title, then both parties
have a right to request all the evidence in the other party's possession. The
most basic piece of evidence here would be a "Note", which is the financial
term for "mortgage" or other debt. Without a mortgage, then there is no
document proving that you and the bank have an agreement, and
therefore, the bank cannot prove its foreclosure claim against you.
Some proponents of "Produce the Note" suggest that ANYTIME is a good
time for "Produce the Note" - even if there is no lawsuit going on. In some
cases it may work, but the problem here is that there is no right to
discovery outside of litigation. therefore, if you are not in foreclosure and
you want to get the bank to have to produce the note, then find an attorney
to evaluate your case for a quiet title case against whichever entity has a
mortgage recorded against your home. Chances are, if the mortgage was
sold more than once, SOMEONE forgot to make all the proper recordations,
and you may just end up with your home free from any outstanding liens.
Third, an alternative used in bankruptcy, is to file Chapter 13 and list the
bank note - NOT AS SECURED DEBT - but as UNSECURED DEBT. Similar to
the discovery tactics above, this puts the bank of having to PROVE its
mortgage in order to get the bankruptcy court to treat the debt as secured
rather than unsecured debt.
How To Do It Right:
As hinted at above, if you want to get the most out of Produce the Note, you
will wait until your guns are fully loaded: i.e., you are a party to an
ongoing case, with a due process right to discovery. Send a "Request for
Production of Documents" to the lender or servicer and demand
examination of the original mortgage note at a place of your choosing. If
the bank hasn't complied within 30 days, file a Motion to Compel
Discovery. In your motion, refer the court to your proper Request for
Production of Documents and to the bank's responses. Point out the bank's
failure to comply with your request for it to produce the mortgage which it
claims gives it a right to record a claim against your title, and ask the judge
to compel discovery. If the bank has lost the note, then it will further fail to
comply. At that point, file a motion to dismiss the bank's foreclosure action
or at the very least to bar any evidence of a mortgage note as penalty for
failure to comply with the court's order. It will be impossible for the bank
to win. In the alternative, in a quiet title action, if the bank cannot comply,
then you will be primed to win.”
TEHACHAPI COURT SERVICES CAFE © copyrighted
2007
-- Help Yourself To Justice And Save.
40 Year Paralegal Institution Serving Coffee, Lawyers And Pro Per Litigants
In Every Area Of Law For Document Preparation At Its Professional
Best.
California Public Notary -- 661-822-5511
2007
-- Help Yourself To Justice And Save.
40 Year Paralegal Institution Serving Coffee, Lawyers And Pro Per Litigants
In Every Area Of Law For Document Preparation At Its Professional
Best.
California Public Notary -- 661-822-5511
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TEHACHAPI COURT SERVICES ©
Paralegal Telecommuting Service -- 42 Years Work Experience
SEE THIS MONTH'S "ATTORNEY SPOTLIGHT " BELOW.
Assisting Lawyers Expand Their Practices to Include Civil Litigation; Family Law; Estate Planning; Ch. 7
& 13 Bankruptcy, Lien Stripping, Cram-downs, Motions to Lift Automatic Stay, Complaint to Determine
Non-Dischargeability; Unlawful Detainer; Assistance to Self-Help Pro Per Litigants (If You Don't Need
Legal Advice, Then Don't Pay An Attorney's Price! Call for FREE Attorney Handbooks on All Areas of
Law); Assistance to the Lancaster Superior Court Self-Help Center & Attorney Referrals When Litigants
Need Legal Advice and/or Representation. We Have Been Bankruptcy Petition Preparers For Ch 7
Bankruptcy in Los Angeles County for twenty (20) years.
CALIFORNIA PUBLIC NOTARY -- 661-822-1994 -- 661-300-0048
www.tehachapicourtservices.com -- sine.qua.non.paralegal@gmail.com
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