Common defenses
Every case turns on its own documents, but the defenses that most often succeed include:
- Failure to send required notices, or sending them to the wrong address
- Standing: the foreclosing party cannot prove it owns the note
- Dual tracking: proceeding to sale while a complete modification application is pending
- Misapplied payments, improper fees, or escrow errors that inflated the default
- Violations of federal servicing rules under RESPA and TILA
- Fair Foreclosure Act violations: a defective or missing Notice of Intention to Foreclose, or failure to send the 14-day notice before seeking final judgment
- Failure to give proper notice of the right to mediation or of sheriff's sale adjournments
What litigation accomplishes
The goal is rarely to win a permanent free house; it is to stop the clock, force the lender to the table, and reach an outcome (modification, short sale, or settlement) that would not have been offered otherwise. Litigation is a tool, and David is candid about when it is worth using.
Costs and honesty
Litigation is more expensive than a negotiated resolution and David will tell you up front what it is likely to cost and what it is likely to achieve. If the facts do not support a defense, he will say so.
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