Foreclosure Defense Litigation
Foreclosure defense and litigation refers to the legal strategies and actions taken by a borrower to challenge or defend against a foreclosure proceeding. Foreclosure is a legal process (a lawsuit) in which a lender attempts to recover the balance of a loan by selling the property that was used as collateral for the loan. If the borrower is unable to make the required mortgage payments and the lender initiates a foreclosure proceeding, the borrower may be able to challenge the foreclosure by raising defenses or by filing a lawsuit against the lender. There are several types of defenses that a borrower may be able to raise in a foreclosure proceeding, including challenging the lender’s right to foreclose, alleging that the lender did not follow proper procedures, and alleging that the lender engaged in predatory lending practices. A borrower may also be able to negotiate a loan modification or other resolution with the lender to avoid a foreclosure. If the borrower is unable to reach an agreement with the lender or if the borrower’s defenses are unsuccessful, the borrower may need to litigate the matter in court. This can involve filing a lawsuit against the lender and presenting evidence and arguments in support of the borrower’s position. Foreclosure defense and litigation can be a complex and time-consuming process, and it is usually advisable for borrowers to seek legal representation to help navigate the process.