Facing the threat of foreclosure is a distressing experience, but homeowners should be aware that they have legal rights and potential defenses. Many homeowners may not realize that they can work with a foreclosure lawyer to pursue different legal avenues to keep their home. Our peers at Wright Law Offices note some common defenses to foreclosure and tips for you to explore your options.
Procedural Errors And Violations
One of the most common defenses against foreclosure involves scrutinizing the procedural aspects of the process. Errors or violations committed by lenders, such as improper notice or documentation deficiencies, can be grounds to challenge the foreclosure. Homeowners should carefully review all correspondence and legal documents to ensure compliance with applicable laws.
Breach Of Contract And Loan Modification Denials
Homeowners facing foreclosure may assert defenses based on a breach of contract, particularly if they have attempted to negotiate loan modifications with their lenders. If the lender has denied a reasonable loan modification request without justification, homeowners may argue that the denial constitutes a breach of the contractual agreement.
Predatory Lending Practices
If the lender engaged in deceptive or unfair practices, such as misrepresenting loan terms, charging excessive fees, or steering borrowers into unaffordable loans, homeowners may have grounds to challenge the foreclosure based on being a victim of predatory loan companies.
Failure To Provide Notice
Each state sets a specific time that lenders must provide homeowners with proper notice before initiating foreclosure proceedings. If the lender fails to comply with notice requirements, homeowners can use this as a defense against foreclosure. Insufficient notice can include failure to provide information about available alternatives or the right to cure the default.
Mortgage Electronic Registration System Challenges
Some homeowners challenge foreclosures based on issues related to the Mortgage Electronic Registration System (MERS). MERS is a database used by the mortgage industry to track ownership and servicing rights of mortgage loans. Challenges may arise when the entity initiating foreclosure lacks proper documentation to establish its standing as the holder of the mortgage.
Violation Of Federal Laws
Homeowners can also assert defenses based on violations of federal laws, such as the Truth in Lending Act (TILA) or the Real Estate Settlement Procedures Act (RESPA). Violations of these laws may provide grounds for challenging the foreclosure and seeking remedies such as rescission of the loan.
Bankruptcy As A Defense
Filing for bankruptcy can act as a stop-gap defense against foreclosure through the automatic stay, which temporarily halts all collection actions, including foreclosure proceedings. Bankruptcy allows homeowners to reorganize their debts and may provide additional options for avoiding foreclosure.
Legal Standing Of The Lender
Homeowners can challenge foreclosure by questioning the legal standing of the lender to initiate the proceedings. If the lender cannot demonstrate proper ownership of the mortgage or the right to foreclose, homeowners may have a valid defense.
Defending against foreclosure requires a comprehensive understanding of the legal landscape and a strategic approach to challenging the proceedings. Homeowners facing foreclosure should consult with experienced foreclosure defense attorneys to assess their specific situation, identify potential defenses, and navigate the complexities of the legal process. By asserting appropriate defenses, homeowners can enhance their chances of protecting their homes and achieving a favorable resolution to the foreclosure threat.
