As owner of and practicing attorney at the Docobo Law Firm, Bryan Docobo counsels clients on both civil and criminal matters. Bryan Docobo offers foreclosure defense to those who need such assistance.
In recent years, the ability of homeowners to fight foreclosure has increased significantly. Courts have become increasingly willing to accept the possibility of error or fraud on the part of lenders, which in turn can open the door for challenges such as unconscionable mortgage terms. In this defense, the homeowner and his or her attorney must prove that part or all of the loan is unfair. To do so, the defense team must specify the terms of the loan that the borrower could not reasonably be expected to fulfill. This bears some similarity to the unfair lending practices defense, which holds that the lender violated either a state or federal law that regulates mortgage processing.
Borrowers may also object to the foreclosure itself, which must follow particular requirements of the state in which it takes place. These may be successful if the court believes the procedural error to have serious negative consequences for the borrower. Similarly, the borrower may question the sufficiency of the bank's documentation to evoke foreclosure, or the bank representative's knowledge of the facts of the case. Other homeowners may argue that the mortgage servicer made a severe error involving repayment of the loan or calculation of the reinstatement amount, which may be a valid defense if the error impacts the validity of the delinquency claim.
In recent years, the ability of homeowners to fight foreclosure has increased significantly. Courts have become increasingly willing to accept the possibility of error or fraud on the part of lenders, which in turn can open the door for challenges such as unconscionable mortgage terms. In this defense, the homeowner and his or her attorney must prove that part or all of the loan is unfair. To do so, the defense team must specify the terms of the loan that the borrower could not reasonably be expected to fulfill. This bears some similarity to the unfair lending practices defense, which holds that the lender violated either a state or federal law that regulates mortgage processing.
Borrowers may also object to the foreclosure itself, which must follow particular requirements of the state in which it takes place. These may be successful if the court believes the procedural error to have serious negative consequences for the borrower. Similarly, the borrower may question the sufficiency of the bank's documentation to evoke foreclosure, or the bank representative's knowledge of the facts of the case. Other homeowners may argue that the mortgage servicer made a severe error involving repayment of the loan or calculation of the reinstatement amount, which may be a valid defense if the error impacts the validity of the delinquency claim.