Are there defenses to a foreclosure?

Yes, there are defenses against foreclosure in Washington. Depending on the circumstances, a homeowner might be able to avoid foreclosure with the help of a qualified attorney. For instance, someone facing foreclosure may have the option of filing a motion to set aside the foreclosure sale. This motion argues that the sale is invalid due to legal errors or procedural violations. The homeowner may also argue “equitable defenses” such as unconscionability or fraud. This claims that the lender and the homeowner had an agreement that isn’t being honored. Finally, a homeowner can also claim a “statutory” defense. This argument is based on the fact that the lender didn’t follow the proper procedures under Washington foreclosure law. Foreclosure is a complex legal process and a homeowner facing foreclosure should consult a qualified attorney who specializes in foreclosure law in Washington. With the right legal guidance, it may be possible to avoid foreclosure and negotiate a loan modification or other arrangement with a lender.

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Are there defenses to a foreclosure?

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