The most important thing an attorney can remember when representing a client facing foreclosure proceedings is the fact that now two foreclosures are the same. Every case needs to be reviewed on its individual merits and every foreclosure defense strategy needs to be specifically tailored to suit the factual scenario that applies.
That said, in most situations one or more of the following foreclosure defense strategies may be appropriate:
— Unconscionable mortgage terms: Sometimes, the terms of a mortgage deal are so unfair that they will shock the consciences of anyone who reviews them. If a mortgage holder has an unfair mortgage that seems to be made only for the extreme advantage of the lender, it may be grounds to stop the foreclosure process.
— Invoking the Service Member Civil Relief Act: For active duty service members in the armed forces, the SCRA offers specific protections against foreclosure.
— The foreclosing financial institution failed to follow procedure: Texas law dictates that specific procedures be followed by the financial institution that is foreclosing on a property. Failure to follow procedure could be grounds to render a foreclosure null and void.
— The foreclosing bank cannot prove it is the mortgage owner: Mortgages are issued, bought and resold so many times, that it could be hard for the bank that claims it owns a mortgage to prove it is the owner with appropriate documentation.
These are just a few common mortgage foreclosure defense strategies. Any San Antonio resident faced with the threat of foreclosure can learn more about their particular situation and what defense strategy or strategies will be appropriate for their situation by speaking with an experienced foreclosure defense lawyer. At the law offices of Mathew J. Obermeier, we are available to speak with San Antonio homeowners about their foreclosure defense in a free, no-obligation consultation.