If I were holding the note, personally, I would be able to provide it to my foreclosure attorney and it would not take two years to foreclose.  And, I am not even one of those people who believes that you have to "produce the original note" in order to proceed with a foreclosure.  However, I do believe that some competent, credible evidence of its existence should be required.

The problem here is that the foreclosure mills weren't even attempting to produce anything remotely resembling competent, credible evidence... they just fabricated it.  Now that they have been caught doing so, I don't believe that we should give them the benefit of the doubt any longer.  The burden on proof should be higher now... and they have no one to blame but themselves (and, maybe MERS).

Best,
Robert A. Franco
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