Fighting Your Foreclosure in Court
Contesting a judicial foreclosure is different than fighting a nonjudicial foreclosure.
Should You Fight Your Foreclosure in Court?
Read this article before you decide whether you should fight your foreclosure in court.
How to Fight a Foreclosure in Court: Nonjudicial Foreclosure
To fight a nonjudicial foreclosure, you'll have to start a lawsuit.
Fighting Foreclosure in Court Without an Attorney
Here are the basic steps in defending against foreclosure in court if you don't have a lawyer.
Setting Aside a Foreclosure Sale
In rare circumstances, you can get the court to set aside (invalidate) a foreclosure sale. Learn when and how you can do this.
How to Fight a Foreclosure in Court: Judicial Foreclosure
Here are the essentials to consider if you want to fight a judicial foreclosure.
Can I Get a Jury in My Foreclosure Case?
It's not likely that you’ll be entitled to a jury in your foreclosure case.
Does the Bank Have a Legal Right to Foreclose?
Learn about making an argument that the bank doesn’t have a legal right to foreclose.
Should You File an Answer to a Foreclosure Lawsuit?
If your lender files a foreclosure lawsuit against you, you need to figure out if you want to file a response—officially called an “answer”—to the suit.
How Long Can You Delay a Foreclosure by Fighting It in Court?
Depending on whether the foreclosure is judicial or nonjudicial, the answer might change.
Abuses by the Mortgage Servicing Industry
Learn about common abuses and errors that happen in the mortgage servicing industry.
Robosigning in Foreclosures: What Homeowners Can Do About It
If the bank uses robosigned documents, you can challenge the foreclosure.
Deceptive Foreclosure Practices: When Banks Treat Occupied Homes as Vacant
Banks have been locking homeowners in foreclosure out of their homes without the legal right to do so. Learn how you might be able to prevent this.
National Mortgage Settlement: Who Benefited
The National Mortgage Settlement required certain banks to provide extensive relief to borrowers in the form of loan modifications, refinancing, and even cash payouts.
Independent Foreclosure Review Settlement
The federal government created the Independent Foreclosure Review process in 2011 so that certain borrowers could get a review of the foreclosure procedures used in the foreclosures of their homes.
Laws Prohibiting Dual Tracking in the Foreclosure Context
Dual tracking occurs when a mortgage holder continues to foreclose
Defenses to Foreclosure
Learn about common defenses, like servicer mistake, that you might be able to use to fight a foreclosure.
Predatory 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.
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.
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.
The Difference Between a Judicial and Nonjudicial Foreclosure
Learn the basics about judicial and nonjudicial foreclosures.
Chart: Judicial v. Nonjudicial Foreclosures
Foreclosure works differently in different states.
How Nonjudicial Foreclosures Work
Learn about nonjudicial foreclosure procedures.
How Judicial Foreclosure Works
Learn the basics about judicial foreclosures.
Typical Judicial Foreclosure: Example
Learn the basic steps in a typical judicial foreclosure.
Typical Nonjudicial Foreclosure: Example
Learn what happens in a typical nonjudicial foreclosure.