23 Legal Defenses to Foreclosure breaks down 23 powerful foreclosure defenses into easy-to-understand chapters. Each chapter is packed with useful information that you can use directly in court in any state. The book includes: legal letters, forms, motions, an "Answer" to the lawsuit, and sample discovery to get damaging information directly from the bank. It includes recommended strategies for fighting foreclosure, and checklists that make this book easy enough for anyone to understand. Each chapter incorporates a section of the possible damages available for each defense - including how to cancel the loan and get a refund of all money paid to the lender. Defenses include TILA, HOEPA, RESPA, FDCPA, FCRA and more.
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About the Author
Attorney Troy Doucet earned his Juris Doctor from Capital University Law School, magna cum laude, and is former mortgage firm owner. He represents borrowers facing foreclosure in Ohio.
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Most Helpful Customer Reviews
13 of 13 people found the following review helpful
Format:Paperback|Amazon Verified Purchase
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!
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!
7 of 7 people found the following review helpful
Format:Paperback
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 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
9 of 10 people found the following review helpful
In at least 22 states this book probably has value. And it is certainly a well documented book re some aspects of foreclosure.
January 6, 2009
Format:Paperback
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!
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!
Most Recent Customer Reviews
This book is worth its weight in GOLD
Bought this book when I received a foreclosure summons. I followed some of the suggestions that this book provided and was able to have my foreclosure case dismissed. Read more
Published 12 months ago by Steve
Great Book!
I have purchased numerous books on the topic of foreclosure defense, and this one is by far the best. Highly recommended.
Published 15 months ago by L. Jordan
This book has some meat to it
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. Read more
Published 16 months ago by Ervin W. Armstrong
great book
Don't let then lender BS you. don't be intimidated read this book great book.
Published 18 months ago by F. Butterfield
your mileage may vary
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... Read more
If you should find yourself involved on the business end of a potential... Read more
Published on May 7, 2010 by Konrad Baumeister
Very Detailed 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... Read more
Published on February 17, 2010 by RezB
Non-Lawyers can actually use this!
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. Read more
Published on February 10, 2010 by L. Brenton
Don't Get Caught Without It!
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. Read more
Published on June 7, 2009 by Daniel P. Rock
23 Legal Defenses to Foreclosure: How to beat the bank.
It is an excellent book that will benefit lots of people. It's very informative and educational. It also serves as
a guideline for homebuyers before signing their names on... Read more
a guideline for homebuyers before signing their names on... Read more
Published on May 22, 2009 by Benjamin M. Pijuan
Must have Book for both Non-Lawyers facing Foreclosure and Lawyers...
This book is a great summary of the law of Foreclosure Defense. It is written in a way that is easily understandable by non-lawyers and yet a great resource for any lawyer who... Read more
Published on April 14, 2009 by 77robert77@bellsouth.net
Inside This Book
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Key Phrases - Statistically Improbable Phrases (SIPs):
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affirmative defenses, adjustable rate mortgages, qualified written request, real finance charge, borrower refinanced, transferor servicer, rescission notice, fees that should, yield spread premium, judicial estoppel, foreclosure lawsuit, consumer notifies, foreclosure action, obligations under the loan, procedural unconscionability, total loan amount, loan qualifies, connection with the loan, original lender, principal dwelling, indexed rate, debt collector Key Phrases - Capitalized Phrases (CAPs): (learn more)
Lending Act, Legal Defenses, Settlement Statement, Nontraditional Mortgage Product Risks, Foreclosure Cases, Identify Fully, Good Faith Estimate, Loan Finance Charge, Official Staff Commentary, Mortgage Electronic Registration Systems, Mortgagee Letter, Processing Fee, Federal National Mortgage Association, Aames Funding Corp, United States, The Nebraska Supreme Court, Bank of New York, Platte Valley Federal Savings, Loss Mitigation Program, Violations Enabling Rescission, Policy Statement, Countrywide Home Loans, Fair Credit Reporting Act, Correct Notice of the Right, Ninth Circuit Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
affirmative defenses, adjustable rate mortgages, qualified written request, real finance charge, borrower refinanced, transferor servicer, rescission notice, fees that should, yield spread premium, judicial estoppel, foreclosure lawsuit, consumer notifies, foreclosure action, obligations under the loan, procedural unconscionability, total loan amount, loan qualifies, connection with the loan, original lender, principal dwelling, indexed rate, debt collector Key Phrases - Capitalized Phrases (CAPs): (learn more)
Lending Act, Legal Defenses, Settlement Statement, Nontraditional Mortgage Product Risks, Foreclosure Cases, Identify Fully, Good Faith Estimate, Loan Finance Charge, Official Staff Commentary, Mortgage Electronic Registration Systems, Mortgagee Letter, Processing Fee, Federal National Mortgage Association, Aames Funding Corp, United States, The Nebraska Supreme Court, Bank of New York, Platte Valley Federal Savings, Loss Mitigation Program, Violations Enabling Rescission, Policy Statement, Countrywide Home Loans, Fair Credit Reporting Act, Correct Notice of the Right, Ninth Circuit Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
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