What are the common defenses to a foreclosure action?

In California, the common defenses to a foreclosure action are various, and depend upon the facts of the case and the defenses that may be available under California law. Generally, common defenses in a foreclosure action are payment, lack of standing, and laches. Payment: The simplest way to defend against a foreclosure action is to prove that the property has been paid in full. The homeowner must prove that they have made all payments due on the property, including any past due amounts. Lack of Standing: A homeowner may be able to assert a defense of lack of standing if the Plaintiff does not have the legal right to bring the foreclosure. The homeowner must demonstrate that the Plaintiff does not have legal authority to foreclose the property. Laches: A homeowner may assert a defense of laches if the Plaintiff has delayed in bringing the foreclosure action. The homeowner must show that the delay in bringing the foreclosure action has been unreasonable under the circumstances. These are just a few of the common defenses to a foreclosure action in California. Depending on the facts of the case and the defenses available, the homeowner may be able to assert additional defenses. It is important for the homeowner to know their rights and consult an experienced real estate litigation lawyer to ensure they are well-informed and have the best chance of successfully defending themselves against a foreclosure action.

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What are the common defenses to a foreclosure action?

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