If the lenders and loan servicers have done their jobs right, what is a foreclosure defense attorney going to say?  In many cases, lenders and loan servicers have left room for conversation about alternatives to foreclosure.

Private lenders usually do not sell their loans; whereas, with institutional lenders, the servicing of a loan gets transferred.  The biggest issue we have with these institutional lenders is standing.  There is no personal knowledge of the loan, so the servicer must rely on business records to prove their case.  If they only have records from the time they have been servicing the loan, then their standing to foreclose on the property comes into question.

There should be no doubt about the facts in a foreclosure summary judgment hearing.  Very often lenders or loan servicers are unprepared to prove their authority to foreclosure because they lack witnesses and proper business records…but very often these lenders and loan servicers prevail because most homeowners do not put a legal defense.

A Foreclosure Defense is not a denial of debt, but it asks the other side to prove their case…and in the meantime gives the homeowner an opportunity to pursue an alternative to foreclosure, an outcome towards the homeowner’s best benefit.