There are more than 50 defenses to foreclosure that can be raised to save your home. Our firm can help you find the right one for your circumstances.
At Dever Legal Services, our law firm provides experienced and knowledgeable legal representation in asserting effective residential and commercial foreclosure defenses. We pride ourselves on our innovative and up-to-date legal defenses used to save our clients' homes. We are located in West Chester, and we serve clients throughout Cincinnati and the southwest, Ohio region.
How Can I Assert a Foreclosure Defense?
There are a number of defenses that can be used to fight against a foreclosure:
- Invalid affidavit: Banks have started re-examining their affidavit processes. In the past, affidavits, which are sworn statements, were issued by "robot." Now, courts will not allow this; however, some banks still use the process. Therefore, several foreclosures have been dismissed by asserting this foreclosure defense.
- Unconscionable mortgage terms: This defense can be used in cases where the terms of the mortgage are unfair. While the success of this defense is based on your circumstances, it is important to note that the mortgage term must be extremely unfair for this defense to be successful.
- Failure to prove who owns the mortgage: In some courts, failure to prove ownership of the mortgage will result in dismissing a foreclosure. When mortgages are not properly recorded, it is difficult to trace the chain of title.
There are also protections in place to help consumers under federal and state laws. The law must be followed closely to ensure that consumers are treated fairly. There are consumer protection acts in place to protect consumers from unfair or deceptive lending practices. If lenders fail to follow the laws, are unfair in dealing with consumers, are not properly licensed or make mistakes and errors, they can be held accountable for their behavior.
Contact a Foreclosure Defense Attorney Today
If you are dealing with a commercial or residential foreclosure, you owe it to yourself to try to assert a defense. You have the best chance of being successful with this process if you hire an attorney to help. Contact a lawyer at Dever Legal Services by e-mail or by calling 866-930-1054.
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