Challenging A Judicial Foreclosure Process

4 May 2021
 Categories: Law, Blog

There are various foreclosure defenses available to protect you from unfair bank closures. The defenses are essential because there is a growing awareness that some aspects of the mortgage industry may jeopardize clients' consumer protection rights. It is advisable for people involved in judicial foreclosure battles with the bank to hire an attorney. Your lawyer will prepare the most comprehensive judicial foreclosure lawsuit defense possible. Here are a few defenses that your lawyer may use:

Identifying Procedural Malfeasance

Each state has its own set of laws and regulations that apply to any foreclosure. Failure to follow the prescribed legal procedure for foreclosure renders the entire process null and void. As a result, your lawyer can use procedural malfeasance on the bank's part as a judicial foreclosure lawsuit defense. In such cases, the court will order a repeat of the procedure following the law after scrutinizing it. However, the procedural errors must be significant or consequential for the court to invalidate the process on that basis. Thus, it is critical to have a lawyer assist you in identifying procedural errors that may impact the proceeding.

Determining Whether the Bank Lacks Legal Standing

A bank must demonstrate that they have legal standing (locus standi) under the law to prove their case successfully. As a result, the bank must demonstrate to the court that they are, in fact, your legal debtors. Moreover, the bank must produce documentation, such as promissory notes, proving that you received a bank loan. The burden of proof provides a valuable opportunity for building a judicial foreclosure lawsuit defense. However, challenging a bank's legal standing may be complex, especially if you go it alone because banks are usually well prepared. Thus, you will need the assistance of a lawyer to challenge the validity of the note and any other documentation produced by the bank. 

Evaluating Your States Limitation Period as a Possible Defense

Different states have different limitation periods that dictate how long a claim must be brought forth before it becomes unenforceable. The foreclosure limitation period is included in the limitation period for the enforcement of a promissory note. In some states, the period is set at six years. Thus, a bank cannot file a claim against you after the limitation period has passed. Your lawyer can use the statute of limitations to prepare a judicial foreclosure lawsuit defense and have the case dismissed. Thus, it is advisable to hire a lawyer to argue your case, safeguarding your rights and interests.

Contact a lawyer for more information regarding judicial foreclosure lawsuit defense cases.