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About Foreclosure Defense: A Practical Litigation Guide
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. The book also includes a comprehensive CD of sample forms, motions, notices, etc.
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