Foreclosure Defense: A Practical Litigation Guide
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Foreclosure Defense: A Practical Litigation Guide

Includes a comprehensive CD-ROM of sample forms, motions, notices, and more!
Foreclosure Defense: A Practical Litigation Guide
Product Code: 1620473
Author: Rebecca A. Taylor
ISBN: 978-1-61632-993-8
Page Count: 280
Trim Size: 6 x 9
Sponsoring Entities: ABA Book Publishing
Topics: Banking Law, Financial Management, Real Estate Law
Format: Book - 1620473
Other Formats: eBook - 1620473EBK
Pricing: $129.95 (Regular)
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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