How to defend against a foreclosure

When your home is put in foreclosure, it implies that the homeowner us in default under the terms of the mortgage loan, and the lender is repossessing the property. In the past, successful defenses against foreclosure were rare. Since the foreclosure crisis and Great Recession, however, many homeowners have successfully challenged foreclosure actions. Here’s a review of some of the most common defenses to foreclosure, and how to raise them in court.

Improper foreclosure under the state laws: State laws outline the sequence that ought to be followed in case of a foreclosure. In some instances, some states give the homeowner a chance to fix the default. Therefore, in case the state laws are not followed, the court may permit the foreclosure.

You are on Active duty: Homeowners who are on active military duty receive special protection form the Service Members Civil Relief Act (SCRA). However, if you had taken the mortgage before the military duty, the foreclosure will persist in court, unless your lender gets a disclaimer.

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Unconscionable terms of the agreement: Another defense strategy is to try and convince the court that the circumstances that surround the agreement and unconscionable. This calls for slight unfairness and a one-sided deal. This agreement should be unfair in the case where the homeowner is taken advantage off to the point that it moves the judge.

The statute of limitations: In case there is a big gap between when you stopped paying your mortgage to the time the lender initiates a foreclosure, the action may go against the statute of limitations. If applicable, the statute of limitations may be a strong defense against foreclosure.

Mistakes made by the Mortgage Servicer: You cannot miss a mistake made by the Mortgage Servicers. You can defend against foreclosure with based on mistakes such as:

  • Dual-tracking
  • Imposing non-authorized fees
  • Overstating the payment needed for the mortgage to be reinstated.

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