If the Loan Servicer did everything right, what is a homeowner going to do in a foreclosure defense, say that he made the payments?  Technical issues are often the only things a homeowner has in a foreclosure case…and they can be enough to pursue a foreclosure alternative.

The Rules for Trial require the Plaintiff thirty days before the docket sounding to give the name, address, and telephone number for witnesses they plan to use.  What typically happens in foreclosure cases is the Plaintiff writes in “Corporate Representative.”  That does not give the Defense any humans to depose.

If the Plaintiff (the lender or loan servicer) is going to use witnesses, they have to name them so the Defense (the homeowner) has the chance to question them before trial.  If the Plaintiff is challenged on this practice (by a legal defense), they often voluntarily dismiss the case.  (That does not mean it goes away; they will get their case together and re-file, but in the meantime the homeowner can pursue a different outcome.)

Often the best way to solve the problem for the homeowner is through mortgage modification or short sale, but these things take time.  A Foreclosure Defense that insist on tidy legal procedures by the Plaintiff can give the homeowner time to negotiate a mortgage modification or to see a short sale through.

Poor housekeeping on the part of the Plaintiff can lead to a better outcome for the homeowner, provided the homeowner maintains a tidy legal defense.