What are the common defenses to a foreclosure action?

In Texas, the common defenses to a foreclosure action are as follows. First, the borrower should make sure that all documents related to the home loan and foreclosure are accurate and valid. This includes the mortgage contract, the amount of debt owed, and any alterations to the terms of the mortgage. Second, the homeowner can challenge a foreclosure if they can show that the mortgage servicer failed to properly and timely credit payments, or if they can prove that the foreclosing party lacks standing. Third, the borrower can contest late fees or other charges that are not supported by the contract or the law. Fourth, the borrower can challenge the foreclosure if they can demonstrate that the mortgage servicer violated the servicing rules of the Consumer Financial Protection Bureau. Finally, if the foreclosure is based on a mistake or error, the homeowner may be able to avoid foreclosing by asking the court to correct the error.

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