Common Defenses to Foreclosure

Defenses to Foreclosure

Learn about common defenses, like servicer mistake, and how you can protect yourself from foreclosure.

Predatory Mortgage Lending As a Foreclosure Defense

You might be able to challenge a foreclosure if your mortgage lender used predatory lending practices when you took out the loan.

Foreclosure Defenses: When a Bank or Servicer Doesn't Follow the Law

If your loan servicer doesn't comply with federal mortgage servicing laws, you might be able to delay or stop a foreclosure, at least temporarily.

Foreclosure Defenses: Was There a Proper Assignment of the Mortgage?

If your mortgage has changed hands since you first took out the loan and the foreclosing bank doesn't have a valid assignment, you might be able to challenge the foreclosure.

The Statute of Limitations in Foreclosure Actions

If a lender starts a foreclosure against you after the statute of limitations has expired, you can raise this issue as a defense.

"Produce the Note" Defense in Foreclosure

If you are a homeowner facing foreclosure and you think that the foreclosing party does not actually own your loan, you may be able to use the produce the note defense to fight the foreclosure.

Fair Debt Collection Claims in Foreclosure Cases

In some states, lenders and creditors bringing foreclosure actions must comply with the FDCPA.

Robosigning in Foreclosures: What Homeowners Can Do About It

If the bank uses robosigned documents, you can challenge the foreclosure.

Challenging Late & Other Fees in Foreclosure

Learn some of the common ways that mortgage servicers charge excessive or incorrect fees in foreclosure—and how to challenge them.