Facing foreclosure is a stressful experience that no homeowner ever wants to go through. If your home is being foreclosed, there are a few defenses that you can use to challenge the foreclosure lawsuit. In this blog, we discuss technical defenses that homeowners sometimes use to fight foreclosure.
Closing Issues
Financial institutions are required to disclose certain things about a real estate closing. There are also laws that cover predatory lending, fraud, and unreasonable fees related to the mortgage contract. An experienced lawyer can devise a strategy that will help you prove the financial institution violated the closing requirements on your home.
Standing Issues
Before a bank can proceed with a foreclosure, it must provide the homeowner with a complaint notice and copies of the loan document. In some cases, the person who signed the affidavit for the foreclosure might not have had the proper authority to authorize the foreclosure. Homeowners should also be given 30 days notice for foreclosure. You should consult with a lawyer to learn more about how to prove a foreclosure affidavit is invalid.
Mortgage Modification
There are a lot of issues that can arise during the mortgage modification process. For example, a financial institution might not have negotiated with a homeowner in good faith. Another example is when financial institutions keep payments after a modification has been approved without giving credit for the payments to the homeowner. If you can prove that any of these issues resulted in your home being wrongly foreclosed, you might be able to have the lawsuit dismissed.
Philadelphia Foreclosure Defense Lawyer
In addition to what we have discussed above, there are many other types of defenses that you can use to challenge foreclosure actions. At The Law Office of Michael P. Forbes, our skilled lawyers are here to inform you of all your legal options. We know how stressful the foreclosure process can be, and we will ensure that your rights and interests are fully protected. Let us put our skills and experience to work for you today.
Call (610) 991-3321 to talk to a foreclosure defense attorney in Philadelphia about your case.