Eight Most Common Legal Defenses to Avoid Foreclosure
Note: The following is not intended as legal advice. Always retain legal representation if you need legal advice.
Your mortgage lender or servicer induced homeowner to default on loan by informing them that modification would not be available if the loan was current.
Your mortgage lender or servicer failed to mitigate damages by failing to consider homeowner for work out in good faith.
Your mortgage lender or servicer doesn't own or hold the note and/or mortgage.
Your mortgage lender or servicer waived their right to sue by accepting late payments from homeowner.
Your mortgage lender or servicer would be unjustly enriched if it were allowed to collect on mortgage insurance and be awarded a judgment for the full amount claimed.
Your mortgage lender or servicer harassed homeowner in the collection of the debt claimed.
Your mortgage lender or servicer failed to provide homeowner with the appropriate notice of acceleration and right to cure before filing suit.
If MERS is the mortgagee on the mortgage there are several defenses legal counsel or attorneys can use having to do with standing.
Disclosure
The information and notices contained on this website are intended as general research and information and are expressly not intended, and should not be regarded, as financial or legal advice. We attempt to ensure that the material contained on the web-site is accurate and complete at the date first published, however you should recognize that information contained on this web-site may become out of date over time. Readers who have particular questions concerning real estate financing or foreclosure, or who believe they require legal counsel, should seek the advice of an attorney in their state. By submitting a contact request, you are consenting to be contacted by Angel Processing Corporation or any of its affiliates, for services by telephone or email, even if you have previously listed yourself on any state or federal Do-Not-Call List. Please note that our company may receive compensation for our services.
IMPORTANT NOTICE: MoneyToMoveFast.net is not a mortgage assistance relief service or mortgage lender, or a real estate broker and does not provide or consult on real estate refinances or home sales for any third party. MoneyToMoveFast.net is not a government sponsored website. MoneytomoveFast.net matches consumers with companies and investors in our network that may offer relocation funding in exchange for assuming the burden of negotiating with the mortgage holder to facilitate a sale. No particular result is guaranteed by engaging with partners in our network. Lenders may not agree to change a consumer's loan. Investors may choose to rent or lease the property at their discretion. To access information on government sponsored mortgage assistance, please visit makinghomeaffordable.gov. There is no guarantee expressed or implied that your credit will be restored or you will not have negative mortgage payment history reported to the credit bureau from the mortgage lender. Such action is solely at the discretion of the mortgage lender itself.