Three Defenses That Can Stop Foreclosure (Plus 1)



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Proper Foreclosure Procedures Were Not Followed

A lender seeking to foreclosure a home has to follow strict
foreclosure procedures set by the Connecticut Supreme Court. If these procedures and steps are not followed, the borrower can challenge the foreclosure. If the problem is serious, the case can be dismissed and the lender forced to start the foreclosure over. Connecticut does have a rule that absent some fraud or mistake, once the foreclosure is completed, it is done aunt here inso going back.

You Are An Active Member Of The Military

If you are an active member of the military serving our country, no foreclosure can proceed. The lender has to certify to the Court that they have investigated whether or not you are an active service member before they re allowed to obtain a judgment of foreclosure. Military members can utilize the protections afforded by the
ServiceMembers Civil Relief Act (SCRA), which offers assistance to members of the military facing foreclosure.

Mortgage Terms Are Deemed To Be Unconscionable

Unconscionable mortgage terms presents a rarer defense to foreclosure. The mortgage's terms may be unfair or illegal. If you were not represented by a lawyer or otherwise unable to make an informed decision about the mortgage loan, a court could refuse to enforce the mortgage at all.

The Best Defense Is A Good Offense

Connecticut, like many states, has a
mediation procedure that offers homeowners a chance at working out the mortgage problems. If requested, the Court will refer the case to an impartial mediator who will facilitate communication between the parties to see what resolution can be made. Solutions include a temporary or permanent reduction in the interest rate, an extension of the life of the loan or a temporary forbearance in the payments. There are also several government programs available, but they are not expected to last after the end of the year.