Foreclosure Defenses

In today's economy, foreclosures are certainly very common. However, not all foreclosures are necessarily legal. Although the lender takes a large risk, being that that both parties are financially involved, the foreclosure cannot be begun without cause and proper procedures. If foreclosures are not performed in the appropriate legal manner, they may be deemed as a wrongful foreclosure, which generally results in a lawsuit. When a lawsuit concerning a foreclosure takes place, the homeowner will be given a chance to defend themselves. There are a few common foreclosure defenses that are used for homeowners in these lawsuits - unconscionable terms, active military duty, incorrect foreclosure procedures, unfair lending practices, or a mistaken foreclosure. Unconscionable terms, for example, include anything that can be proven unfair in court as part of the terms of the loan agreement, so unfair that they are against common conscience.

Fast Facts

  • Not opening the notice of default is not adequate reason to stop foreclosure

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