Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan. Depending on a borrower’s unique circumstances, equitable and legal foreclosure defenses may be available inside of the foreclosure case. While the litigation of these foreclosure defenses has produced varied results, in a lot of cases, litigating available foreclosure defenses does at the very least create a situation where the homeowner may have some leverage towards resolving the matter by settlement (i.e., loan modification).
Our experienced Jacksonville bankruptcy attorneys are dedicated to providing legal representation to homeowners in equitable and legal foreclosure defenses.
No two cases are alike, and this statement equally applies to foreclosure cases. While in some foreclosure cases the above-described scenario of utilizing foreclosure defenses for leverage may be available, and even a case may be won along those lines, it is not true in all cases. Nonetheless, even in cases where there may be no foreclosure defenses, there may still be an opportunity to resolve the case by settlement (i.e., loan modification). Its important that a borrower consider all of their options, consult with the proper professionals, and consider where they are in life and where they would like to be. The realization of whether a modification is a good idea, is more than just looking at foreclosure defenses or numbers on a piece of paper.