Fighting Foreclosure in Court

If you can show that your mortgage lender, the foreclosing party, violated your state’s pro­cedural rules for foreclosures or the terms of your mortgage agree­ment, you might be able to derail your foreclosure, at least temporarily. An increasing number of bankruptcy courts are also requiring foreclosing parties to present documentary evidence of ownership and authority for bringing the foreclosure action before letting the foreclosure proceed.

Because of the way mortgages were sold and resold during the real estate bubble, documentary evidence of ownership is often either missing or not available when the court reviews the foreclosure. Foreclosure defense attorneys also recently uncovered instances of lenders violating laws governing the recording, notarization, and assignment of mortgages. In some cases, major mortgage lenders temporarily ceased foreclosure activities pending internal investigations of their foreclosure practices. Violations of federal fair lending rules and other federal and state laws regarding consumer transactions may also provide legal defenses against foreclosure.