USA Foreclosure Defense – How to Defend Your Rights Even if You are Not a Lawyer

The biggest problem for those who are facing USA foreclosure is that the opponent which is usually a bank, has a lot of money to spend on lawyers. You on the other hand barely have money to pay your mortgage much less, to hire the best lawyer in town. Intimidating as they are, banks also make a lot of mistakes and it is through these that you can establish your defense even when you are not a lawyer. Here are a few of the things that you can do:

USA foreclosure

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1. Prepare your defense ahead of time

The moment you believe you are in default, that is the time to start preparing for USA foreclosure defense. Although it will still be long before a formal complaint will be filed by the lender, the point here is that you have a lot of time to prepare yourself. Waiting for the complaint is already a little too late and with the pressure mounting, you may not be able to prepare a good defense.

2. Prepare documents ahead of time

It is important that all the pertinent documents are prepared ahead of time like hardship letter, cancelled check and payment records. You will be needing these documents and you might not be able to look for them when you are already feeling the pressure.

3. Remember that you don’t have the burden of proof

In a foreclosure case, assuming that a formal complaint has been filed, the burden of proof lies on the lender. The bank in this case will have to prove that you are indeed in default while you on the other hand doesn’t have to prove anything. Since that is the case, all you have to do is cast doubt on their assertion considering that mistakes can also be made even by banks.

4. Know about local and state rules and procedures

Educate yourself with the local and state procedure on foreclosure. You can ask for copies of previous jurisprudence from the county clerk. Knowing this will better equip you in answering your case and it will be difficult to throw you off with mere technicality.

Try as much as you can to discover any sign that you are being taken advantage of. This is a very strong defense because the law always favors justice and equity. USA foreclosure is defensible even if you are not a lawyer especially if you follow these tips.

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