Show me the note defense


Arizona Supreme Court limits the “show me the note” defense

One of the more common defenses in a foreclosure actions is the “show me the note” defense. The defendant is effectively saying “I may be guilty of not paying my loan, but you can’t prove that you own it.” For a while, this defense might have worked, due to poor record keeping or some other reason. However, as more courts address that defense, it is becoming very limited.