There was a time when homeowners had few defenses available when it came to foreclosure actions. However, times have changed and now there are numerous defenses that allow a homeowner to successfully defend a foreclosure lawsuit. Below are a few examples:
- Unfair mortgage terms. If a provision of your mortgage loan “shocks the conscience” of the court, you have a valid defense to the foreclosure action. We can review when your mortgage was signed and the circumstances surrounding it to determine whether there are unconscionable terms in your loan agreement.
- Insufficient documentation. As soon as your lender begins threatening a foreclosure lawsuit, you should request that your lender proves it owns the mortgage. Most mortgages are assigned numerous times and it is common for errors to occur in the documentation. You have a valid defense if the plaintiff seeking to foreclose your home does not have the proper paperwork to support the action.
- Active military. There are special protections afforded to active duty service-members. For example, The Service Members Relief Act (SCRA) allows military personnel a nine month postponement if the foreclosure lawsuit is initiated while they are on active duty.
- Unfair lending practices. If your mortgage lender violated the law in extending your loan to you, it is a valid defense to a foreclosure lawsuit.
- Procedural requirements. You may be able to defend a foreclosure suit if the lender failed to follow certain procedural requirements.
- Personal bankruptcy. When you file a bankruptcy, all collection efforts against you (including the foreclosure) must come to a stop. This may only provide temporary relief, but it will give you time to understand all of your available options, as well as negotiate with your lender.
Don’t assume you cannot defend a foreclosure lawsuit! Let us review your individual circumstances and help you understand what defenses are available to you. Contact the skilled attorneys at Faro & Crowder to schedule a free consultation.