How Can You Defend a Foreclosure Action?

by DeLadurantey Law Office, LLC on January 31, 2014

How Can You Defend a Foreclosure Action?   Many homeowners incorrectly believe that they cannot successfully defend a foreclosure action. An experienced foreclosure attorney can review your individual circumstances and help determine if you have any available defenses that may allow you to save your home. Below are a few options for effectively defending a foreclosure lawsuit:

  • Unconscionable mortgage terms. Depending on when your mortgage was signed and the circumstances surrounding it, it is possible there are unfair or unconscionable provisions in your contract. If a term of your mortgage “shocks the conscience” of the court, you likely have a valid defense to your foreclosure lawsuit.
  • Improper documentation. All homeowners should demand that the plaintiff suing them prove that they own the mortgage. It is common for mortgages to be assigned numerous times and mistakes can occur in the paperwork. If the mortgage company seeking to foreclose on your home does not have the proper paperwork, you may have a valid defense to the foreclosure action.
  • Unfair lending practices. If you can prove that your lender violated the laws created to protect borrowers from illegal lending practices, you may have a valid defense to your foreclosure.
  • Active duty service-members. The Service members Civil Relief Act (SCRA) provides active duty service-members with special protections, including a 9-month postponement if the foreclosure was initiated while you are on active duty.
  • Procedural errors. If the plaintiff failed to follow your state’s procedural requirements for filing a foreclosure action, you may be able to challenge the lawsuit.
  • Bankruptcy. A Chapter 7 or Chapter 13 bankruptcy filing can halt a foreclosure action. It is important to confer with a skilled bankruptcy attorney to understand your options for keeping your home or surrendering it back to the creditor in your bankruptcy case.

At DeLadurantey Law Office, LLC, every available defense to your foreclosure action is explored. In fact, Nathan DeLadurantey is a frequent lecturer on foreclosures and teaches other attorneys about how to successfully defend foreclosure lawsuits. He diligently works to save your home and/or to obtain the most positive result available.

If you are considering fighting a foreclosure action or filing for bankruptcy protection, call DeLadurantey Law Office, LLC, at (414) 377-0518. We believe that each client should receive the individual attention necessary to reach their financial goals. Recognizing the needs of working clients, we maintain a flexible schedule and offer evening appointments. Initial consultations are always free, and phones inquiries are always welcomed. Find us on the Internet and on Facebook.

 

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