Are there defenses to a foreclosure?

Yes, there are defenses to a foreclosure in Oklahoma. Foreclosure is a legal process by which a lender attempts to recover the amount owed on a loan after the borrower defaults on their payments. In Oklahoma, foreclosure is a judicial process, meaning it must be handled in court. As such, the borrower has certain rights during the process and may provide both legal and factual defenses against the foreclosure. A common legal defense in Oklahoma is based on violations of the Servicemembers Civil Relief Act (SCRA). This act provides additional protection for military personnel and their families by giving them extra time to resolve a foreclosure case if they are called to duty. The borrower must provide proof that they are an active-duty servicemember to be eligible for this defense. Another common defense is related to the loan modification process. If the lender did not give the borrower enough time to modify their loan—or if the modification process was not properly handled—the foreclosure may be deemed invalid. The borrower must provide documentation to prove that they did, in fact, make a timely and valid loan modification attempt. Finally, the most common defense to foreclosure in Oklahoma is related to compliance with state foreclosure laws. If the lender failed to follow any of the foreclosure laws, such as providing proper notice to the borrower, the foreclosure may be deemed invalid. For example, the lender must send the borrower a Notice of Intention to foreclose at least 30 days prior to filing a foreclosure lawsuit. If the lender failed to do this, the foreclosure may be considered invalid.

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