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Defend Foreclosure and Win
Defend Foreclosure and Win
Here are the tools you need to beat the bank!
Even if you are unable to make your monthly payments, do not assume the bank has the right to foreclose on your home! The bank must have provided you very specific disclosures at closing, and taken very specific steps prior to foreclosing - or it may be barred from selling your home. For example, did you know that most mortgages/deeds-of-trust contain a paragraph (usually number 22) that requires your bank to mail you a specific notice 30 days before foreclosing? In legal terms, it creates a "condition precedent" to foreclosure, or something that the lender must do before it forecloses. If the bank did not mail you a notice that included the terms required in that paragraph, then a defense exists.
Powerful defenses to foreclosure are also available under the Truth in Lending Act (TILA), a powerful federal law that allows some homeowners to cancel their mortgage and obtain a refund of all finance charges they paid. This can be tens of thousands of dollars. For a detailed explaination of 23 different ways to fight foreclosure using the law, consider "23 Legal Defenses to Foreclosure: How to Beat the Bank."
This website is a foreclosure law resource for people who fight foreclosure – both homeowners and attorneys. The foreclosure law discussed here is good in states that require the lender use the court system to foreclose, as well as in those that require you file your own lawsuit to stop foreclosure. It includes information you can use directly in court, including free forms, used when defending foreclosure in court. This site provides substantive foreclosure law for consumers, but is a companion to 23 Legal Defenses to Foreclosure, a detailed foreclosure defense book that walks you through 23 different legal defenses to foreclosure. Learn why others say this book is a “great manual for protecting consumers and fighting the banks!”
23 Legal Defenses to Foreclosure is a how-to foreclosure book breaks down 23 powerful foreclosure defenses into easy-to-understand chapters. Each chapter is packed with useful information that you can use to fight the bank in court in any state. The book includes legal letters, forms, motions, an “Answer” to a foreclosure lawsuit, and sample discovery to get damaging information directly from the lender.
Chapters in this foreclosure fight book are broken down into sections that include:
- A definition of the legal defense.
- How to spot the legal defense.
- The foreclosure defense’s limitations.
- The damages available.
- A litigation strategy.
- The applicable law or civil rule.
- The elements and factors to prove in court.
- Checklists and worksheets.
- Starter discovery requests to serve on the bank.
- Whether you can sue others.
23 Legal Defenses to Foreclosure shows you how to examine closing documents for violations of tough federal laws that govern mortgage transactions. It includes recommended strategies for fighting foreclosure, and checklists that make this foreclosure book easy enough for anyone to understand.
Each chapter in this book includes a section of the possible damages available for each legal defense, including how to cancel the loan and get a refund of all money paid. (See Defenses #1, #3, and #4: Truth-in-Lending Act.)
In addition to the information in this website, look to 23 Legal Defenses to Foreclosure for easy-to-understand ways of identifying federal foreclosure defenses that are good in every state. The legal defenses in this foreclosure resource that can be used in any state include:
- Predatory lending
- Unconscionability
- Breach of contract
- Truth-in-Lending Act (TILA)
- Home Ownership and Equity Protection Act (HOEPA)
- Real Estate Settlement Procedures Act (RESPA)
- Fair Debt Collection Practices Act (FDCPA)
- Fair Credit Reporting Act (FCRA)
- Failure to comply with pre-foreclosure conditions
- Failure to verify income or assets
- Bankruptcy
- Equal Credit Opportunity Act (ECOA)
- And more, including a bonus listing of 30+ additional defenses to foreclosure – over 50 defenses total!
23 Legal Defenses to Foreclosure is an absolute must-have for anyone who fights foreclosure. No other foreclosure book packs so many legal defenses into one source. Find out why attorneys give this book a "Thumbs Up!"