Top 3 Common Foreclosure Defenses

Top 3 Common Foreclosure Defenses

foreclosure bankruptcy attorney

In the past, fighting foreclosure was almost always a guaranteed losing battle. However, times have changed recently, and foreclosure defense is becoming more successful than ever before. One of the main reasons why the courts are giving homeowners the benefit of the doubt is because of shady and fraudulent practices in the real estate industry, including the lending process. If you find yourself in a foreclosure situation in Houston or Ft. Worth, it may be worth your time to speak with a foreclosure defense lawyer to see if you can raise one of these top three defenses in court.

Mistakes Made By The Mortgage Servicer

A mortgage servicer makes mistakes, and these mistakes could lead you to a successful foreclosure defense battle. For example, if the amount you owe to reinstate your mortgage is stated as $5,000, but the amount should really be $2,500, then you may be able to fight it. A foreclosure bankruptcy attorney can help with your case, especially if the lower amount is reasonable for you to be able to pay in order to avoid foreclosure.

State Procedures Not Followed By The Foreclosing Party

If the foreclosing party does not follow all of the procedures and requirements governed by the state, your foreclosure defense lawyer could have a good defense for you. Of course, these procedures must be fairly serious in nature and cause you some sort of harm as a result of the mistake. If the violation is serious, it is more likely to be recognized and heard by the court and could eventually lead to the foreclosing party starting over completely.

Unconscionable Mortgage Terms

Unconscionable mortgage terms is one of the most common foreclosure defense attorneys use today. This is simply when the terms of the mortgage are so outlandish that it even shocks the judge when they see the terms. Various terms could be viewed as unconscionable, so a good foreclosure defense lawyer can help identify them and determine whether it’s a viable defense.

At Bryeans & Garcia, PLLC, we’ve helped dozens of people fight foreclosure. The topic of foreclosure is a difficult one, but our expertise can help you with the best foreclosure defense possible. Be sure to contact us today if you are in the Ft. Worth or Houston area and need the services of a reputable and reliable foreclosure defense lawyer.

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