Common Defenses Used In Foreclosure Cases From Prominent Pleasanton Foreclosure Lawyers

August 19, 2021

America has a thorny history with foreclosures. During the financial crisis, the country was experiencing so many it became a national crisis. Amid the job losses and financial insecurity that came along with the COVID-19 pandemic, the government and lenders negotiated a moratorium on foreclosures, but it won’t be long before they resume.

If you’re concerned that the bank may be about to foreclose on your Pleasanton home, you might be wondering if there is any way for you to fight this decision. The short answer is yes. The longer version is that there are a number of defenses to foreclosure you might be able to mount with the help of foreclosure lawyers.

Here, we will take you through some of the most common defenses against foreclosure.

  1. Failure to Follow State Procedures

In the case of a foreclosure, the bank in question will have certain procedures it must follow. These vary from state to state. California foreclosure laws set out a specific set of protocols that a bank must follow in order to foreclose your home.

If you can prove that the bank hasn’t correctly followed California foreclosure laws, you can challenge it. If you are successful, the bank will have to start the process over again.

  1. No Proof of Loan Ownership

The law states that only the owner of a loan has the power to initiate foreclosure proceedings. If a bank does not have definitive proof that they are the loan’s owner, they are legally not allowed to foreclose.

This proof usually takes the form of the promissory note proving loan ownership. If a loan has been sold to different banks or investors, the original promissory note might be difficult to locate.

  1. Protection Under the Servicemembers Civil Relief Act

Active-duty servicemembers receive special protections under the Servicemembers Civil Relief Act. If you took out the mortgage on your Pleasanton home before you were on active duty, the law states that your foreclosure case must be carried out in court. In this case, a foreclosure attorney might be able to help you win your case.

  1. Expired Statute of Limitations

A statute of limitations applies to foreclosure cases. If a long enough amount of time has passed between when you stopped making payments and when the bank began the proceedings, it’s possible the foreclosure is not valid. If you can prove this is the case, this is a very strong defense against foreclosure.

The Best Defenses to Foreclosure from Pleasanton Foreclosure Attorneys

The above examples represent only a small selection of common foreclosure defenses. However, one of the best defenses to foreclosure you can use is to enlist the services of a foreclosure attorney in the Pleasanton area. A good attorney well versed in foreclosure law will be able to look at your case and identify any possible defenses you might be able to mount.

If you’re facing foreclosure, consider hiring a foreclosure attorney today. The team at Jason W. Estavillo is made up of experienced attorneys who are experts in real estate and foreclosure law. Get in touch today to see how we can help.



Reach Out to an Oakland Real Estate Attorney Today

Disputes concerning real estate can have a significant financial impact on individuals and businesses alike. If there is a dispute and it appears that a compromise is not possible, it may be necessary to initiate litigation. This could mean participating in settlement or mediation talks or even bringing a formal lawsuit to civil court.

An Oakland real estate lawyer may be able to help. They are prepared to take the lead in settlement talks that could help to avoid costly court cases. However, if the case does go to court, they will take every step necessary to protect your rights. Contact us now to learn more.