What legal strategies can I use to defend myself against foreclosure?

There are a few legal strategies you can use to defend yourself against foreclosure in California. First, you can use the California Homeowner Bill of Rights (HBOR). This law grants homeowners certain protections, such as requiring loan servicers to validate a homeowner’s financial information before taking certain foreclosure-related actions, giving homeowners the right to sue a lender or loan servicer if they violate HBOR rules, prohibiting dual tracking (where a loan servicer moves forward with foreclosure while a loan modification is also in progress), and requiring notification of foreclosure notices and other documents. Second, you can challenge certain aspects of your foreclosure. You can challenge the accuracy of the amount of debt you owe, the party who holds the loan, and the qualifications of the loan servicer and the loan itself. Third, you can use a strategic default, which involves intentionally defaulting on your mortgage and forcing your lender to go through the foreclosure process. This can give you time to negotiate with your lender and come to a better agreement. Finally, you can negotiate with your lender to come to an alternative agreement to foreclosure. You can try to reduce the amount of debt you owe, lower your payments, or work out a repayment plan. This can help you avoid foreclosure altogether.

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