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Fight the Foreclosure in Court

If you can show that the foreclosing party violated your state’s procedural rules for foreclosures or the terms of your mortgage agreement, you might be able to derail the foreclosure, at least temporarily. An increasing number of courts are requiring foreclosing parties to present documentary evidence of ownership and authority for bringing the foreclosure action. Because of the way mortgages have been sold and resold in recent years, this evidence is often either missing or not available when the court is reviewing the foreclosure. Violations of federal fair lending rules and other federal and state laws regarding consumer transactions may also provide protection against foreclosure. (Fighting foreclosures in court is discussed in Ch. 7.)

Extra protections for service members. If you are on active duty in the military, you can delay the foreclosure lawsuit—and get other help as well. See Ch. 4.