Foreclosure Defense

Many individuals wrongly assume that they have no defenses to a foreclosure. However, if you talk to an experienced Boca Raton foreclosure lawyer, you may be surprised at just how many options you have. Here is a look at five common defenses to a foreclosure:

  1. Mortgage is Not Enforceable. In some cases, the terms of the mortgage may be enforceable or unconscionable. For example, a Boca Raton foreclosure lawyer can examine the terms of your mortgage and the circumstances of your signing the loan documents. If the loan is too harsh or if there is potential fraud, the mortgage may not be enforceable.
  2. Procedural Failure. A Boca Raton foreclosure lawyer can explain to you that banks must follow strict procedures to foreclose on property. Failure to follow any of these steps may invalidate the foreclosure.
  3. Promissory Note. Banks generally need to prove that they hold the promissory note in order to foreclose. However, given the complexities with which financial institutions hold mortgages, a Boca Raton foreclosure attorney can explain to you that this can be very difficult for banks to prove.
  4. Military Members. Members of the armed services may have special protections against foreclosure. You will want to talk to a Boca Raton foreclosure lawyer to learn if any of these defenses are available.
  5. Mistake. Often banks just make mistakes with foreclosures. For example, a bank may have the wrong person or the wrong property. In addition, there may be administrative errors with payments made and other mistakes by the lender. A Boca Raton foreclosure attorney can help you review your documents to discover any mistakes.

These are just five common defenses to a foreclosure. There may be many other defenses and you will want to make sure to work with a Boca Raton foreclosure lawyer.

Contact a Boca Raton Foreclosure Attorney

You should not go through the foreclosure process alone. Dealing with banks can be intimidating and the foreclosure documents can be complicated. A Boca Raton foreclosure lawyer advocating for you can make a huge difference.

Contact experienced Boca Raton foreclosure lawyer Peter J. Snyder at 561-544-7324 to learn how he can help you save your home.