Foreclosure Defense

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ISBN: 9781614380580
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The United States is in the midst of an unprecedented foreclosure epidemic, and there are things that lawyers must do for homeowners that they cannot do themselves to help save their homes. Foreclosure Defense will assist you in navigating alternative dispute resolutions to hopefully avert a foreclosure action from even being filed against your client; but if an action is filed, the book offers many possible litigation strategies and defenses.

Citing the most recent and developing cases, Foreclosure Defense focuses on a number of issues raised in recent law and news, as well as the predominant recurring issues. In three parts--Ethical Considerations, Trial Basics, and Summary Judgment and Beyond--the book walks you through the basics of loans, the applicable federal laws with a look at different state regulations, what loan modification programs are available, unscrupulous bank practices, affirmative defenses, getting summary judgment dismissed, and everything else you need to know to protect your client's home, as well as what to counsel when you cannot.

Table of Contents

Part I: ETHICAL CONSIDERATIONS 

Chapter 1 - Inside the Bank Foreclosure Defense Industry

Chapter 2 - Advertising

Chapter 3 - Conduct Toward Opposing Counsel and Parties

Part II: TRIAL BASICS

Chapter 4 - Written Arguments

Chapter 5 - Preparing for Hearings

Chapter 6 - The Initial Client Interview

Chapter 7 - Special Circumstances

Chapter 8 - Inside Your Client's Loan

Chapter 9 - Loss Mitigation

Chapter 10 - Motion for Sanctions

Chapter 11 -The Demand Letter

Chapter 12 - Fair Debt Collection Practices Act

Chapter 13 - Notice of Appearance

Chapter 14 - Vacating a Default Judgment

Chapter 15 - Requirements for Service of Foreclosure Complaints

Chapter 16 - Motion to Dismiss

Chapter 17 - Foreclosures against Parties with No Interest in the Property

Chapter 18 - Super-Priority Liens

Chapter 19 - Affirmative Defenses

Chapter 20 - Discovery

Part III: SUMMARY JUDGMENT AND BEYOND

Chapter 21 - Summary Judgment

Chapter 22 - Trial Orders

Chapter 23 - Bankruptcy

Chapter 24 - The Neighborhood Assistance Corporation of America

Index