20 Overlooked Foreclosure Defenses
- Loan modifications do not first require payment defaults.
- Limitations on the recovery of foreclosure attorneys’ fees.
- The estates of deceased joint homeowners are still necessary and indispensable parties.
- Service by publication is unconstitutional absent clear evidence of exhausted due diligence attempts at personal service first.
- Expungement actions are more effective than mortgage and deed of trust misnamed “quiet title” actions.
- Lawyers are prohibited from appearing in Court as both foreclosure attorneys and material witnesses.
- Pretender lenders in order to support standing are required to prove that they paid for the loan before being able to show injury as a result of loan default.
- Judges owning stock in a party, if researched and proven, should recuse themselves or be disqualified.
- Violations of the AG Settlement and other Sanction Orders can be enforced in individual cases by suing State Attorneys General for negligence in non-enforcement.
- Individual whistle blowing REMIC actions can be effective regarding nonpayment of State taxes.
- Foreclosure attorney representation needs to supported by disclosure of legal services agreements between lenders, loan servicers, government sponsored entities, and foreclosure law firms.
- Homeowners are a protected class under federal and state securities laws since securitized loans are securities from their inception.
- Various provisions of federally sponsored mortgage and deed of trust forms are unenforceable against borrowers as adhesion clauses.
- The affirmative defense of anticipatory breach, sometimes called anticipatory repudiation, can be used to attack pretender lender standing in several effective ways.
- Most promissory notes are not negotiable instruments and therefore cannot be enforced merely by endorsement or possession.
- Foreclosure deficiency judgments are unconstitutional when not based on the true value of the foreclosed property at time of sale confirmation.
- There are state public policy abstention objections to federal court removal of foreclosure related cases.
- There are securitized trust REMIC violations that can be objected to that prove a lack of standing to foreclose which are unrelated to the enforcement of securitized trust contract agreements of which borrowers have no standing otherwise to object to.
- Insurance proceeds as well as government and assignor discounts diminish pretender lender claims to loss, barred by the affirmative defense of unjust enrichment.
- The remedy against robo-signers and robo-endorsers and robo-notaries is suing the head of the recording office for expungement at the recording office.
For information on foreclosure defense call us at 800-459-1215. We offer litigation support, admissible evidence, expert witness testimony, education, training, and support in all 50 states to attorneys and pro se homeowners.
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