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Affirmative Defenses During Foreclosure Trial

Using Unconscionability Unconscionability is like usury in that it is based on the idea of fairness, but unlike usury, the theory of unconscionability may be applied to areas of the law suit other than interest rate. The original terms of the Note and Mortgage may be unconscionable. The way that the Note and Mortgage are being enforced may be unconscionable. The way in which the lender had you sign the documents may be unconscionable. If you can convince the Court that something about this foreclosure is unethical or unfair, you can use the unconscionability defense. That's one tip, I was wondering if i could get your feedback. Im putting together a new course for homeowner's call "How to Stop Foreclosure NOW," I really love you feedback on whats your #1 question is related to foreclosure as a homeowner.
Jason

Editor's Response

I know nothing about Jason's program, (mentioned above), however, if I were faced with a foreclosure I would talk to an attorney who specializes in foreclosure work, ASAP.  Attorneys who do this type of work know all about the many, many laws and regulation, both federal and state, that may effect your lender's ability to take your home, including numerous notice requirements (a legal obligation to inform the borrower of some fact).  Let an experienced attorney review your loan documentation and all documents relevant to the impending foreclosure, and you will get a good idea of how you should proceed and whether it makes sense to assert any defenses.   

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