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Fazzio Law Offices

The Big 3 Defenses to Fight Your Foreclosure Case

If you are fighting a foreclosure case the Big 3 Defenses you can plead and present are Predatory Lending, Lack of Standing and the Consumer Fraud Act. Predatory Lending defenses are available when you are given a loan that you could never afford to begin with. Lack of Standing defenses are available when the bank has sold your loan like a "hot potato" through various assignments and your Lender and Servicer keep changing. Consumer Fraud Act defenses are available when the bank has misled you either in initiating your loan or later in giving you options to save your home. The Little 3 Defenses that are also present in many cases are Modification Fraud, Equitable Tolling and the Statute of Limitations. If the bank "dual tracked" you and asked for documents multiple times, came up with excuses for non-review, extra signatures and the like, you may have a defense. Equitable Tolling is for homeowners who suffered a loss of equity because the bank "ran the interest" while dragging out the foreclosure and loss mitigation process without explanation, prejudicing your rights. Lastly, the Statute of Limitations comes into play, somewhat less frequently, when foreclosures are initiated close to the maturity date and/or the bank "starts and stops" foreclosure by dismissing and re-filing multiple times. These are equitable defenses that require a showing that you have acted diligently while the bank has not been above board throughout the process. If you have any questions at all contact us at (201) 529-8024 and we'd be happy to go over what defenses may apply to your situation and how you can defend your foreclosure case and save your home. Learn more at https:www.fazzio-law-offices.com/ForeclosureDefenseAnswer or on our website at www.fazziolaw.com.