A defense is a reason why the Plaintiff (the Bank in a foreclosure lawsuit) should not win their case. You tell the Court your defenses when you answer the summons and complaint. You must then prove your defenses in Court. If you prove your defenses then the plaintiff will lose and you will win the case.
Below are some defenses to a foreclosure case. Everyone’s case is different. Some of the defenses may apply to you and most may not.
When you work with Levitt & Slafkes to defend you in a foreclosure lawsuit, you can be confident that we use every resource available to protect your home. Below are 7 ways to effectively fight a foreclosure action:
Failure to have proper documentation. It is important that every homeowner make the mortgage-holder prove that they own the mortgage. If your loan has been assigned several times, it is possible the plaintiff does not have the proper documents to prove they have standing to sue you.
Unconscionable mortgage terms. If the terms of your mortgage, or the circumstances surrounding it, are so unfair that they “shock the conscience of the judge,” you have a valid defense to your foreclosure action.
Foreclosing party failed to follow state procedures. Every state has certain strict procedures that must be followed in bringing a foreclosure action. If the plaintiff fails to abide by them, the case against you may be dismissed.
Unfair lending practices. You may be able to fight your foreclosure by proving that your lender violated a federal or state law designed to protect borrowers from illegal lending practices.
You are a service-member on active duty. If you’re on active military duty, the Service members Civil Relief Act (SCRA) provides you with special protections, including the requirement that your foreclosure take place in court if you took the mortgage out before you were on active duty.
Short sales or mortgage loan modification. There are alternatives to foreclosure such as a short sale or mortgage loan modification. These alternatives allow the lender to obtain payments without the time and expense of a foreclosure action.
Lack of standing to sue. This defense is used when the plaintiff does not appear to be the legal owner of the mortgage.
Improper service of the Summons and Complaint. This defense is used if the Plaintiff does not deliver the papers to the homeowner in the right way.
LET US HELP YOU FIGHT YOUR FORECLOSURE
There are a number of different options available to fight back against foreclosure and it is critical to choose the right one for your circumstances. During your free consultation, attorneys Bruce Levitt and Shelley Slafkes will carefully explain all of your options so you can make an informed decision about how to best proceed. Contact us today at (973) 323-2953 to schedule a free initial consultation with a compassionate and knowledgeable lawyer. You can also contact us online.
We are proudly designated as a debt relief agency by an Act of Congress. We have proudly assisted consumers in filing for Bankruptcy Relief for over 30 years.