Customer Reviews

23 Legal Defenses To Foreclosure: How To Beat The Bank

5 star:		(13)
4 star:		(2)
3 star:		(0)
2 star:		(0)
1 star:		(0)

 

 

I bought this book several months ago because I volunteered to help some friends of mine who went into foreclosure. My job was initially to be the person to make phone calls to the bank and try to renegotiate the loan, but the clock was ticking on the court case. We did consult an attorney at first, whose advice was basically "You're screwed - put them off as long as you can and try to short sell or try to get a forbearance and restructure." When the bank proved nearly impossible to deal with (we were pushed back to square one twice already), I ordered this book to get ideas on how to hold the hounds at bay until we had time to get through to someone at the bank that would or could make a decision.

After reviewing the book, I didn't feel confident handling the filings myself, so we found another attorney, gave her the book, explained our possible defenses and she went to work. That was several months ago.

Yesterday, the case was dismissed! Believe me, if you're in foreclosure, you NEED THIS BOOK!

I liked this book. I didn't think it was a masterpiece. But it's a heavy book - big pages, lots of pages, and lots of content. This tome has the feel of a "Practice Series" book that a law office would have on a particular practice area of law. In this case, foreclosure law. And it is fairly well written, too. I encourage you to take a look at the Search Inside feature for this book provided by Amazon. All 23 "legal defenses" can be examined in the Table of Contents there.

So why didn't I give this book a 5-star rating? That's a good question. Let's just list the reasons:

>>1. The title says the book will tell you "How to beat the bank." This may be true. And then it may not. When I read that I felt as if the book was guilty a little of false representation.
>>2. The book only gives you legal defenses should you find yourself facing a foreclosure lawsuit in one of the following 22 states: CT, DE, FL, HI, IL, IN, IA, KS, KY, LA, ME, NE, NJ, NM, NY, ND, OH, OK, PA, SC, VT, & WI. That's not even half of the states in the Union.
>>3. The book covers federal rules and law. It doesn't provide the actual state laws that would be applicable.
>>4. The book does not cover other laws that might help in combatting a foreclosure action: bankruptcy and consumer protect laws.

I think the person or people who will benefit from reading this book the most are debtors who have decided to stay in their house as long as the law will allow. They plan to drag out a foreclosure lawsuit as long as possible in order to live "rent free" on the lender's tab. And they will probably get kicked out when the litigation ends. By reading the book they will better understand the legal process they are faced with.

The other group of people that will benefit from reading this book are ones who actually can use one or more of the 23 legal defenses enumerated. In such instances the debtor very well might win damages, triple damages, punitive damages, costs of the lawsuit, or maybe even cancellation of the loan. My experience indicates that this is unlikely. But it is possible.

Keep in mind that foreclosure threats are usually dealt with through a bankruptcy reorganization filing. Sometimes the consumer protection laws will come into play. But rarely does a debtor defend in a foreclosure lawsuit against them. And if they do defend, then they are usually done in bad faith. Getting damages from a lender is rare. But this book does have value. 4 stars!

23 Legal Defenses to Foreclosure: How to Beat the Bank by Troy Doucet is an excellent overview for anybody exploring this area. I disagree with the misrepresentation claim leveled above, because like anything else, nothing is certain. (e.g. How many "lose twenty-pounds in 10 days books" are there?)
I also partly disagree with the comment that the book is only helpful in certain states and quotes only federal law. The author goes to great pains to help you understand that the federal laws are largely copied by states and you can find the appropriate state reference by using the federal template. Additionally federal law is what you'll need in a bankruptcy proceeding in any state, so it is universal in that regard. But I partly agree with the criticism leveled at the state-specific focus because the book explicitly addresses only those venues where foreclosure is a judicial process (versus a trustee sale which without effort, is an extra-judicial procedure). However, the theories are still valid but there are some tricks that need to be employed to use the defenses in a state where foreclosure is generally not accomplished by a court proceeding. The book would improve if it had a chapter dedicated to a "generic overview" of those necessary tactics. My rating remains five-star because the book is thorough, affordable, and well organized. I will recommend it to all of my clients (or potential clients) seeking more information on this important subject

I am facing foreclosure, and I bought several of the books on fighting foreclosure, The Foreclosure Survival Guide, 42 Rules for saving your home from foreclosure and a few more. Most didn't have any real useful information that helps. But this book lays out plans with information you can really use. In my case, I found I can have my loan rescinded because my wife didn't sign the 3 day cooling off period to cancel the loan. She wasn't even at the closing. You have up to 3 years to rescind the loan if you are lucky enough to live in one of the few states that allow you to do this. Also, there are plans for other defenses that apply to me as well. Before you buy any other book on the subject, buy this one first.

I am not a lawyer, but do have some familiarity with mortgages and other debt instruments.

If you should find yourself involved on the business end of a potential foreclosure, it is tempting to buy a book that promises to tell you 'how to beat the bank.' Does this one? Maybe. Sometimes. Depends.

The book presents 23 potential defenses, broken down into individual chapters, that you or your attorney could use to defend your property, given very specific conditions. Each chapter is broken down very simply and clearly to help you identify whether or not the defense applies to your case; if so, what difference it might make (often not much at all); how to go about the actual use of the defense ie documents to demand, potential delay or dismissal, whatever; and potential paperwork/forms involved. Some of these defenses, mostly based around TILA and HOEPA and RESPA, are unlikely to apply if your mortgage is with any kind of a professional lender, though if they do you have a strong defense; others, centered around predatory or unconscionable practices, are squishier to define exactly. Most of the ones you want to use will apply only to owner-occupied residential properties, not investment property. Many readers will search in vain for even one of the defenses to apply in their state or to their case. In that sense, the book is overtitled; nobody can promise you an effective defense before reviewing your particular case and circumstances.

The book is well organized, easy to understand and to use even for non-attorneys, and includes excellent examples of how to fill out the necessary paperwork. You still have to fill it out yourself, and the book strongly suggests you utilize an attorney.

Nonetheless, $40 is not a lot for you to educate yourself in the various potential defenses at your disposal in defending your home in these times; just the satisfaction of raising them in court, even if just to force some bank to spend the money on an attorney to swat them down one by one, can be well worth the investment.

I am extremely pleased with this book. I never made it to law school, but am fighting two foreclosures right now. I have been able to use the model motions and pleadings easily. The parts that need to be customized for your situation are noted in italics. With some sincere research in addition to this book, you may even succeed in beating the lender! I have also enjoyed a website at [...] which has provided excellent insights to me on the foreclosure process. Highly recommended!

I have purchased numerous books on the topic of foreclosure defense, and this one is by far the best. Highly recommended.

Don't let then lender BS you. don't be intimidated read this book great book.

This book has chapter after chapter that goes into technical detail on every aspect of foreclosure. I found it helpful, but I have the background and expertise to understand most of it. I think someone without those traits would have a slightly more difficult time sifting through this book.

I represent numerous homeowners, and it taught me more about foreclosure defense than Law School, and most of the judges don't have a clue either about available defenses. Several clients are still in their homes today because I learned from this book. It gives me confidence to go when few lawyers choose to go.