In asserting a defense to a mortgage foreclosure action, the entire real estate closing, and accompanying loan documents must be analyzed to determine whether a homeowner has any claims, counterclaims or defenses.
The following is a list of some of the questions that must therefore be addressed in every foreclosure action:
Did the lender comply with contractual notice provisions?
Did the disclosures provided at closing comply with the federal truth in lending act?
Did the lender comply with the federal fair debt collection practices act?
Were the mortgage Banker and/or Mortgage Broker properly licensed?
Is the lender the owner and Holder of the Note and mortgage?
Have payments been made? Has the loan been properly accelerated?
Has the Lender complied with the requirements of the High-Cost Home loan statute? Has the Lender satisfied all procedural requirements?
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