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During the foreclosure crisis, homeowners were regularly able to successfully raise a "produce the note" defense to fight their foreclosure.(A produce the note defense is based on the legal principle of "standing"-t hat is, who has the right to foreclose.) However, this defense is no longer particularly effective in most cases.
The stop foreclosure option that has been started by HUD is the partial claim. With the Partial Claim Option, the Florida mortgage Lender will advance funds on behalf of the delinquent Florida homeowner in an amount necessary to stop the Florida foreclosure and reinstate the delinquent loan.
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Law360 (June 6, 2008, 12:00 AM EDT) — AmeriMortgage Bankers LLC has lost its counterclaims in a contract dispute with Morgan Stanley Mortgage Capital Holdings LLC over loans the Florida mortgage.
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