In the complex landscape of foreclosure defense, the role of a skilled attorneys is paramount. So many of you told us of your struggles in finding an expert in this are I thought it important to share the importance of why Foreclosure Defense is such a specialty. These legal professionals bring a wealth of knowledge and strategies to the table, significantly influencing the outcome of foreclosure cases. One critical area where they add value is in challenging the lender’s right to foreclose based on various affirmative defenses.
Understanding Affirmative Defenses
Affirmative defenses are reasons why a lender’s claim to foreclose might not be valid. These defenses can take multiple forms, such as:
- Improper Loan Servicing: Attorneys can argue that the lender or loan servicer mishandled the loan account, such as by incorrectly applying payments or failing to provide necessary notices.
- Lack of Standing: Lawyers often challenge the lender’s legal right to foreclose, especially if the loan has been sold or transferred. The lender must prove they hold the original note or have proper authority to foreclose.
- Violation of State and Federal Laws: Attorneys scrutinize the lender’s actions for any violations of laws like the Truth in Lending Act (TILA) or the Real Estate Settlement Procedures Act (RESPA). Such violations can provide strong defenses against foreclosure.
Foreclosure defense attorneys adeptly navigate the legal system, often employing a strategy known as litigation defense. This involves rigorously challenging the lender’s case in court, forcing them to prove every aspect of their right to foreclose. This strategy can reveal flaws in the lender’s case, provide leverage in negotiations, or even lead to case dismissal. It is imperative to begin the challenges from the inception of the case.
Experienced Foreclosure defense attorneys also add value in negotiations with lenders and lenders counsel. While we all go in with the pure aggressive mentality to win; wins can take many forms.
Having this mentality and aggressive litigation defense can force lenders to try and prove they own the underlying debt obligation through detailed Discovery tactics that leverage the understanding of what legitimate defenses are available. Furthermore it can show the weaknesses in the lender’s case to secure more favorable terms for the homeowner or alternative solutions to avoid foreclosure.
Conclusion
The inclusion of a competent foreclosure defense attorney can dramatically shift the dynamics of a foreclosure case. By challenging the lender’s right to foreclose and raising affirmative defenses, these attorneys provide invaluable support and advocacy for homeowners facing the daunting prospect of losing their homes.
Homeowners facing foreclosure should seek legal advice as early as possible. The best defenses are those used Early in the process, not on the eve of a foreclosure sale. Our litigation support services provide evidence to be used in drafting effective defenses to be used by both pro se homeowners and the Foreclosure defense attorneys in our network.
Need help in assessing your case? Does your attorney need our help? Use our services to help guide you through the process early enough to avoid mistakes that can cost you your home in an illegal foreclosure action. Call our office today at 844.478.6774 to inquire if we can help. You can also submit a case statement here and get a complimentary recommendation as to your best course of action.