Mortgage Defense

Mortgage Defense is a device wherein one can delay the Foreclosure on a Home by raising various defenses to the Foreclosure Process followed by the Mortgage Company.  These Defenses can be used to either give a Debtor a little more time in her Homestead so she can save money for when she eventually must abandon the Homestead or give additional time or leverage in order to negotiate a Mortgage Modification.  For example, because of the way many Mortgages were handled and packaged in the Sub-Prime Market, many Foreclosing Attorneys do not have access to the original Note that created the Mortgage.  Filing a Foreclosure without documentation of the original Note can supply a Defense to the Mortgage.

Please know that these “technical” Defenses are not absolute cures to a Mortgage Foreclosure but are means to delay the Foreclosure to buy more time.  Although a Promissory Note may be missing, a Judge can determine, for example, that the fact the Debtor  made  payments on the Mortgage supplies proof that the Mortgage existed.