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Photo of attorneys Shelley Slafkes and Bruce Levitt
Photo of attorneys Shelley Slafkes and Bruce Levitt
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Effective Defenses to a Foreclosure Lawsuit

On Behalf of | Sep 4, 2013 | Foreclosure Saving Your Home

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. 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.