Legal Defenses to Foreclosure: How to Beat the Bank “What a great manual for protecting consumers and fighting the banks! You lay out each strategy of attack in layman's terms, yet still provide the legal references and citations that provide the firepower to win.” E.J.Simonsen, Texas   Purchase "23 Legal Defenses to Foreclosure" directly from our publisher at: https://www.createspace.com/3349582.  Price:$39.95 Pages:440 Author:Troy Doucet ISBN:1-4382-7819-5 EAN-13:978-1-4382-7819-3 Category:Law / Reference / Real Estate Publication:United States Publisher:Custom Books Publishing, Scotts Valley, CA 95066 USA Language:English Interior Type:Black and White Trim Size:8" x 10" Binding:US Trade Paper Paper Color:White Purchase Link: https://www.createspace.com/3349582  About the Book  The following information will provide you a good idea of what you can expect in "23 Legal Defenses to Foreclosure: How to Beat the Bank."  Testimonials are also posted below.  Each legal defense to foreclosure has specific damages and remedies available for it. The scale of legal remedies varies from complete rescission of the loan transaction to statutory damages of a few hundred dollars or more. Each is designed to provide the homeowner fighting foreclosure a means to mitigate any losses they may suffer, with some legal defenses offering greater protection than others.  The material in this book can be used in every state because the book focuses on federal laws, common rules of procedure, and "common law" that vary little from state-to-state.* Each chapter in 23 Legal Defenses to Foreclosure is dedicated to one legal defense or counter claim (a lawsuit against the lender). Each chapter is broken down into parts, which include the following: Defined The first section in each legal defense to foreclosure provides a brief explanation as to what the legal defense is. It provides the reader with the ability to quickly understand the basics of the legal defense and evaluate whether or not it may apply in their particular situation. Spot It! This section provides tells the reader how to spot whether this legal defense applies to their situation quickly. It enables the reader to skim closing documents and other documents to find the information pertinent to the chapter. Limitations If the legal defense to foreclosure has any major limitations or drawbacks, this section of the chapter will identify each. Potential Recovery What is the legal defense worth? Is it a tool that enables rescission of the loan, or is the defense worth a few hundred dollars? This section tells the reader what the legal defense or counter claim provides. Strategy Some legal defenses have strategies associated with them to obtain the maximum benefit for the homeowner defending foreclosure. This section lays out in detail how to operate a litigation strategy (legal tactics), if applicable for the defense. Applicable law or Civil Rule If the legal defense is available because Congress specifically created the ability to sue the lender, this section will provide the specific statute. The reader can then reference the exact section of law online using this information. Elements Some legal defenses have been created over time through the court system, like fraud (referred to as common law). These defenses have elements, or requirements, to meet in order to prove the legal defense. This section of the chapter will provide the reader with the elements of the defense, if elements apply. Factors Some legal defenses have factors in addition to elements, like unconscionability of contract. If factors are present, this section provides a listing of some factors to consider. Worksheets / formulas If the legal defense or counter claim requires some calculations by the reader, this section provides the exact formula with directions on how to calculate whether a defense is present. This section may also be used to calculated potential damages, if applicable. Checklists This section breaks down the legal defense into an easy to follow checklist, walking the reader through each step of the defense. This is a section where all the elements are broken down, and walks the reader piece-by-piece to ensure the legal defense is present in their case. Defenses Defenses is the section where the nuts and bolts of the legal defense are laid out in specific detail, with precise copy-and-paste language that can be copied directly into an Answer. The ”defenses” section is broken down into two categories: Defenses and Affirmative Defenses. These are the two sections most Answers contain. Discovery Discovery is the process whereby the homeowner can get access to the records of the bank, and whereby the homeowner can obtain information from the bank, or force it to admit or deny certain facts. Each discovery section includes a sub-section on interrogatories (questions to ask the bank), requests for admissions (to get the bank to admit or deny facts), and requests for the production of documents (where the bank is asked to deliver specific mortgage records). The book includes suggested discovery forms, and each chapter has suggested discovery questions that are copy-and-paste ready. Counter Claims When a homeowner’s property is foreclosed upon using judicial process, the homeowner has the ability to counter-sue the lender. This is called filing a “counter claim.” The book contains a series of counter claims that are available to the home owner, with copy-and-paste language for each that can be easily put into the master form for filing with the court. Third Party Claims Sometimes the homeowner might want to sue the mortgage broker or originator in the case, say when fraud was involved. This section provides information on how that is done, with some suggested forms for doing so. *States Covered in this Book The material in this book can be used in every state. The federal laws covered in this book are valid in every state of the United States. The common law defenses covered in this book are universally available in each state. The rules of civil procedure used in this book follow the numbering system used by the federal courts, but have been adopted by nearly every state (with some minor variations). The initial part of the book is written to explain the legal process in plain English. The second part of the book includes each legal defense, and the third part of the book contains an appendix of useful information. Judicial Sale versus Non-Judicial Sale States This book is written to defend against foreclosure actions filed in court, which will always happen in judicial states. In a judicial state, the lender must look to the courts for the ability to sell the property. That is, the homeowner must be served with a foreclosure lawsuit and the judicial process run its course before the lender is entitled to remove the homeowner from the property and sell it to pay off the mortgage. The judicial states are:   Connecticut Delaware Florida Hawaii Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Nebraska New Jersey New Mexico New York North Dakota Ohio Oklahoma Pennsylvania South Carolina Vermont and Wisconsin.   In non-judicial states, the lender may proceed in selling the property without having to file a lawsuit first. Yet, even in these other states, lenders regularly file lawsuits in court because this is a means of obtaining a deficiency judgment against the homeowner (the difference between what the home is sold for at auction and the amount owed on the loan). You can use federal lending laws as a defense in every state. The foreclosure legal defenses in this book are valid against every foreclosure, even in non-judicial states, but the book is written as a defensive tool for use when the lender files the foreclosure lawsuit first. If the lender does not file a foreclosure lawsuit in court, the homeowner will need to file her own “injunctive” lawsuit to prevent the bank from selling the property. This type of action is beyond the scope of this book, but the defenses included in this book will still apply — just the form they are applied will be different. For example, a claim of predatory lending would not be used as a defense (as indicated in this book), but would be an actual claim against the lender in a homeowner’s lawsuit. What this Book Does Not Cover This book is primarily designed as a tool to defend foreclosure litigation on court. This book does not cover loss mitigation, short sales, restatements, repayment plans, assumptions, or deeds in lieu of foreclosure. These foreclosure “tools” are covered by a number of sources elsewhere. This book is written so most anyone can understand the basic foreclosure concepts, with a focus on the specific laws and legal regulations available to defend foreclosure actions. Purchase "23 Legal Defenses to Foreclosure" directly from our publisher at: https://www.createspace.com/3349582 .  Testimonials "This book is a goldmine!” Attorney Ramon Dy-Ragos, Nevada  Thumbs Up! Attorney James Villere, Pennsylvania  “What a great manual for protecting consumers and fighting the banks! You lay out each strategy of attack in layman's terms, yet still provide the legal references and citations that provide the firepower to win.” E.J.Simonsen, Texas www.HomeSolutionCounselors.com  “I commend you on writing this book, especially at a time of great need to hundreds of thousands of homeowners faced with the prospect of losing their home. Hopefully many of these same homeowners will find their way to your book, and hopefully out of the foreclosure process.” Realtor Mike Sikorski, Port Charlotte, FL www.FloridaRealty.net  “I have just finished reading your book for the 2nd time (in a week)…. I teach continuing education to attorneys, Mortgage Brokers, Realtors, CPA’s and Financial Planners, currently on the topic of foreclosure and loss mitigation techniques. Your book is the first resource that I’ve found that actually explains things in a way ANYONE can understand. I’ve been working for about a year on completing a book, just like yours- now that I’ve read yours- all I can say is … I couldn’t done it better myself so- rather than complete my book… I’m just going to start telling my clients to buy yours!!! Kudos for putting together such a fantastic resource!!!!” Mike Citron, Florida www.mikecitron.com  “I found the book to be very helpful. I found the book very easy to navigate. I especially liked the bullet points in each chapter stating whether the defense would apply to the reader's situation. Your section discussing goals of the lawsuit was also helpful in allowing me carefully consider how I wanted to handle the case. I will definitely refer to this book again when handling foreclosure defense cases...” Attorney Dawn Macready, Miami, Florida macreadylaw@yahoo.com  “This will help us tremendously and we are grateful for the information and knowledge to fight for our home as victims of predatory lending practices.” June R., San Diego, California  “The book was very informative. I appreciate all of the knowledge and research that has been put into your effort.” Shamane M., Michigan  “Troy, thanks for this book. It's a great resource for all of us in these difficult times.” David Y.  “Thank you for all you do for the consumer.” Randy K., Las Vegas  “This is more ammunition in our arsenal... I wish you the best of success in launching your book, but I have to be honest with you. I hope it doesn't get to the hands of our competitors. No not yet!!!!” Henry F., Chicago, IL  “My husband is a real estate investor and has bought your book, read thru it once, then had it spiral bound and is going over it a 2nd time now. He loves it!” Ellen B.  “EXCELLENT book!” Angelo T, California  “VERY good book, and central to our message to consumers.” Jason S., Washington  “Thanks, you are awesome! I wish you lots of success.” Victor B., Florida Keys  Purchase "23 Legal Defenses to Foreclosure" directly from our publisher at: https://www.createspace.com/3349582 .