This is the most used, and least accepted defense that pro se defendants use.. I would not recommend using it unless the note truly was forged. If the note was forged, that should be an affirmative defense. Without passing judgment on your case, if the bank loaned you money and you signed the mortgage, your argument that the note is a forgery will not go very far.
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I agree with my colleagues. There may be a number of ways for you to defend the lender's case against you and, perhaps, make a claim against the bank. It all depends on the facts, particularly the facts surrounding the forgery. You should consult a foreclosure defense attorney who has made claims against lenders as part of his/her foreclosure practice.
As the other attorneys mentioned, this is a difficult defense to use. If, indeed you did not sign the note, you should explore this as a defense in your case. If you are looking to have the bank "show the note", to prove that they are the legal holders of the note, this is a defense that has very limited success. It is best for you to consult with an experienced foreclosure defense and bankruptcy attorney. The attorney can review all of your options and discuss the best defenses and actions to take in your situation.
Daniel J. Winter
Offices in Chicago, Oak Lawn, Skokie, and Lake County, Illinois
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I agree with the above answers. If you believe your have a valid defense, you certainly have the right to argue that in court. However, this must be done at the right time. Regrettably, should you fail to file the correct documents at the right time, your defenses are not likely to succeed. I suggest you hire an attorney asap. Good luck.