Fighting Foreclosure in Court

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Fighting Foreclosure in Court

Defenses to Foreclosure

Defenses to Foreclosure
You may be able to fight a foreclosure in court.
The Statute of Limitations in Foreclosure Actions
If your mortgage lender waits too long to bring a foreclosure action against you, you might be able to stop the foreclosure using your state statute of limitations.
Regularities of Sale in Foreclosure
When a court looks at the regularities of a foreclosure sale, it looks to see if all procedures were followed and fair.
Challenging Late & Other Fees in Foreclosure
Learn some of the common ways that lenders charge excessive or incorrect fees in foreclosure -- and how to challenge them.
Foreclosure Defenses: The Lender's Failure to Comply with HAMP
If your loan servicer did not comply with its obligations under HAMP, you may be able to use this as a defense to foreclosure.
Florida Foreclosure Statutes of Limitations
Your mortgage holder has five years from the date of default to foreclose on your home or bring a deficiency action.
Robosigning as a Defense to Foreclosure
The robo-signing scandal is an opportunity for homeowners to challenge foreclosures in court, negotiate with lenders, and buy time.
"Produce the Note" Defense in Foreclosure
In the "produce the note defense," the homeowner demands that the foreclosing bank demonstrate that it has the legal right to foreclose.
Fair Debt Collection Claims in Foreclosure Cases
In some states, lenders and creditors bringing foreclosure actions must comply with the FDCPA.
National Bank Cannot Conduct Nonjudicial Foreclosures in Washington
Recon Trust, and other national banks, cannot serve as foreclosing trustees in Washington unless they comply with state law.
State Law Determines Who Can Conduct Nonjudicial Foreclosures
Some states require that the foreclosing trustee be in-state. Find out what happens if your lender uses an out-of-state trustee to foreclose on your home.
National Bank Cannot Conduct Nonjudicial Foreclosures in Utah
Utah has specific requirements as to who may serve as a foreclosing trustee. Find out what they are and what you can do if your trustee is not in compliance.
Foreclosure Defenses: Was There a Proper Assignment of the Mortgage?
If your mortgage has changed hands since you first took it out and the foreclosing bank doesn't have a valid assignment of mortgage, you may be able to challenge the foreclosure.
Foreclosure Defenses: Defective Affidavits and Declarations
If the mortgage lender has used a defective affidavit or declaration your foreclosure, you may be able to defend against the foreclosure.
Foreclosure Defenses: The Lender's Failure to Comply With Procedural Requirements
If the foreclosing lender does not follow procedural requirements in your foreclosure, you may be able to force the lender to start over.
Qualified Written Requests in Foreclosure: The Mortgage Servicer's Duties
The requirements in Section 6 of RESPA that relate to qualified written requests can be a helpful tool for borrowers in foreclosure.
Fighting Foreclosure When the Lender Doesn't Follow State Mediation Procedures
If your state offers foreclosure mediation, but your lender does not comply with program requirements or acts in bad faith during negotiations, you may be able to stop the foreclosure.

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