Mortgage Foreclosure Defenses

Borrowers have the right to fight back against a foreclosure complaint. It’s usually a good idea to use affirmative defenses. There are many possible defenses, from problems with the mortgage itself, like lack of consideration, fraud, duress, usury, payment, and so on, to the fact that the borrower didn’t default. Other defenses include equitable estoppel, the statute of limitations, waivers, and unconscionability.

In addition to the borrower’s response and the list of affirmative defenses, the borrower may also choose to file a counterclaim and raise concerns about the amount of money they allegedly owe. While a foreclosure is an equity case, and a jury trial isn’t always needed, the borrower might still ask a jury to decide the amount of money owed.

If the borrower wants a jury to decide the amount of money owed, they can follow a two-step process. First, the judge will hear the case and decide if the foreclosure is valid. Then, the jury will hear the case and decide how much money the lender is owed if it’s appropriate. It’s important to remember that the borrower can only set off damages in a mortgage foreclosure action if those damages were caused by the relationship between the lender and the property being foreclosed upon.

The final judgment of foreclosure should encompass the principal amount owed, interest accrued on the mortgage debt, property taxes, insurance premiums, and any other expenses incurred by the mortgagee to safeguard the lien on the property. Attorney fees and associated costs may also be included in the judgment if they were stipulated in the mortgage documents.

For more information on mortgage foreclosure defenses, you can contact Florida foreclosure defense attorney Andrew J. Pascale at 877-667-1211. But please note that this blog is just a general resource and doesn’t give legal advice. It’s always best to talk to an attorney for personalized advice.