What Are Some of the Most Common Defenses Against Foreclosure?

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What Are Some of the Most Common Defenses Against Foreclosure?

There is nothing worse than facing foreclosure on your home. Unfortunately, this is something that millions of Americans have experienced in the past, and many more will continue to experience in the future. That being said, there are many potential solutions to avoid foreclosure, and with a seasoned Rockland County foreclosure defense attorney on your side, you may have a viable alternative on the table. Continue reading and speak with our firm to learn more about some of the most common defenses against foreclosure. Here are some of the questions you may have:

What should I do if I am facing foreclosure?

If you are currently facing foreclosure on your home, the most important thing you can do is speak with a knowledgeable New York foreclosure defense attorney who has handled countless foreclosure cases in the past. Our firm can work to assess your situation, and from there, determine the best defense possible against foreclosure on your home. We have guided countless individuals through the process in the past, and we are here to do the same for you.

What are some of the most common defenses against foreclosure?

Though the defense against your specific foreclosure will depend largely on the circumstances of your case, there are a wide array of potential defenses against foreclosure on a home. Some of the most common foreclosure defenses are as follows:

  • The bank looking to foreclose on your home neglected to follow the required New York State foreclosure procedure
  • The statute of limitations on a potential foreclosure on your home has passed
  • The servicer used a defective declaration or a defective affidavit
  • The mortgage services made a significant error when dealing with your loan
  • The party who is seeking foreclosure on your home cannot prove that it truly owns the loan

These are just some of the potential defenses that our firm may use to protect your home from foreclosure, so if you have any additional questions, or you believe that one or more of these defenses potentially apply to your situation, please do not hesitate to speak with our seasoned foreclosure defense attorney today. Our firm is ready to do everything in our power to help ensure that you and your family can stay in your home and get your financial situation back on track.


Here at The Law Offices of David M. Katz, P.C., we understand how frightening the prospect of losing your home due to foreclosure can be. For this very reason, our experienced attorneys have dedicated decades of our professional careers working to help those facing foreclosure stay in their homes and move on with their lives. Contact our firm for the experienced, compassionate guidance you deserve and need. 

How Do We Fight Against Foreclosure?

The Law Office of David M Katz, P.C. has extensive experience helping New Yorkers save their homes from foreclosure. Foreclosure itself has a wide range of impacts that can be avoided with the help of our firm. It is time to get the relief you deserve. Contact us today.

Loan Modification

You may be eligible to save your home by adjusting your mortgage. Every residential foreclosure lawsuit must go to the Foreclosure Settlement Conference to see if you qualify for a loan modification. We can represent you.

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Loss Mitigation

Loss mitigation stops foreclosure in its tracks, requiring your lender to assess your financial ability to see if you qualify for a government or internal bank loan modification. Having an experienced attorney is invaluable.

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Mortgage Litigation

You may be facing an illegal foreclosure, and it may stem from the terms of your loan, or much more. Our law firm is ready to explore every potential defense on your behalf.

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