In a foreclosure, a lender takes legal possession of collateralized property from a borrower who has not met the financial conditions of the loan. Foreclosure defense is the term for legal strategies to stall or stop foreclosure. Foreclosure defense strategies may include: Modifying mortgage terms in negotiations with the lender. Challenging ownership records; foreclosure requires ‘perfection’ in the chain of title on the property, and errors or lapses in that chain may affect foreclosure proceedings. Challenging promissory notes when loan servicing has been sold; the note may be owned by someone other than the lender. Owner bankruptcy, which may require additional proof of the lender’s right to foreclose. Legal attack on lender business practices in court. As loans, laws and strategies vary by state, legal advice is the best way to understand how foreclosure defense applies to a particular situation.
Posted On: September 24, 2022