Fighting Foreclosure in Court

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?

A common foreclosure defense is a bank’s supposed lack of “standing.” Learn more about the 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.

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.

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.

Robo-Signing in Foreclosures: What Homeowners Can Do About It

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.

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.

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

If your mortgage servicer doesn't follow the law—like federal mortgage servicing laws—you might be able to delay or stop the foreclosure, at least temporarily.

Legal Violations in the Loan Modification Process May Delay a Foreclosure

If your loan servicer violated the law in the loan modification process, you might have a defense against 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.