What are my options regarding defending a foreclosure action?

If you are trying to defend yourself in court against foreclosure, you have a few options for the foreclosure process and defense.  Consider some of these possible grounds for defending against the foreclosure 

• Proving Who Owns the Loan – in an era of mortgage loans being sold and resold from one lender to another, it can be difficult for a mortgage lender to find the original documentation proving that the homeowner actually owes the money on this mortgage.  This is considered a spurious defense, and it may only delay the inevitable foreclosure.  Nevertheless, this defense is becoming more common.

• Unconscionable Mortgage Terms – you can argue that the terms of your mortgage simply shock the conscience.  Fore example, in some cases, a mortgage lender may have confused a borrower who did not speak sufficient English, and had them sign a loan with outrageous balloon payments. 

• Servicemembers – the Servicemembers Civil Relief Act can help you if you are on active military duty.  If you took out your mortgage while on duty, you must have your foreclosure heard in court, and if foreclosure begins while you are on active duty, you automatically get a nine-month delay in the proceeding if you request one with the court.

• Lender Did Not Follow State Procedures – a procedural defense involves arguing that the foreclosing party did not follow the state’s statues when issuing a foreclosure.

If you are facing foreclosure and you want to have the best chance of defending your home, you should strongly consider speaking with a qualified foreclosure attorney. Your lawyer can help you to understand any and all defenses you may have to stop the foreclosure and save your home.