Defenses to Foreclosure in Massachusetts

The Law Office of Glenn F. Russell, Jr.

After the real estate market crash, due largely to fraudulent and predatory activity committed by lending and mortgage companies, it has become increasingly common for individuals to fight foreclosure actions. A Massachusetts foreclosure defense lawyer from our firm can use several defenses to foreclosure on your behalf.

We have provided a general overview of the most common defenses that can challenge a foreclosure lawsuit and allow a court-ordered review of a foreclosure notice. Read more about the defenses that may apply to your foreclosure below.

Offer to negotiate terms of mortgage.

Some mortgage terms are so unfair that it causes a homeowner to suffer financial hardship. In such a case, a lawyer can challenge the grounds of a foreclosure by persuading a judge that a foreclosure that resulted from an unfair mortgage should be dismissed. This is known as the legal principle of "unconscionably." An attorney can help you with the process of negotiating the terms of mortgage to a rate that is fair and attainable and could also enroll you in government and lender programs.

If the Foreclosing Party Failed to Follow Foreclosure Procedures

The foreclosure process is incredibly complex and complicated. In order for a foreclosure to continue in court, specific legal requirements must be met. If a foreclosing party fails to follow procedures, or if a lender commits an unfair lending practice, you could have grounds to challenge a foreclosure in court.

Mortgage Mistakes

Due to the enactment of the recent Massachusetts legislation, An Act Preventing Unlawful and Unnecessary Foreclosures, homeowners throughout Massachusetts are more protected. Foreclosure law states that only a mortgage holder can initiate a foreclosure action in order for the foreclosure process to legally begin. Unfortunately, mortgage servicers make mistakes all the time. Due to the mortgage securitization process and Mortgage Electronic Registration Systems, mortgages are often sold unlawfully, and proving mortgage ownership can be incredibly difficult.

We are Massachusetts attorneys with court experience that can help defend you!

In order to defend your property against a foreclosure in Massachusetts, you must first file a lawsuit alleging that the foreclosure (or threatened foreclosure) did not take place under Massachusetts' strict statutory requirements. Doing so may push the courts to stop to the foreclosure in Massachusetts and possibly force the courts to review the case. At The Law Office of Glenn F. Russell, Jr. hiring a Massachusetts attorney with court experience can help when you need assistance challenging foreclosure actions or require representation in foreclosure appeals.