Top 10 Homeowner Foreclosure Defense Mistakes

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Arguing fairness, morality, or hardship instead of focusing on legal standing or evidentiary proof.

Misusing procedural defenses

Asserting rescission or TILA rescission years after expiration

Relying on “sovereign citizen,” UCC redemption, or strawman theories — instantly discredited by courts.

Filing motions without evidence, exhibits, or affidavits to support factual claims.

Submitting poorly drafted pleadings — missing rule citations, wrong relief requested, or improper form.

Failing to conduct discovery or letting servicers’ evasive responses go unchallenged.

Admitting critical facts in pleadings or hearings, such as:

The note and mortgage are valid and enforceable.

Default occurred as alleged.

The plaintiff possesses the original note.

Treating foreclosure as equitable rather than a legal action requiring evidentiary rebuttal.

Conflating note ownership and mortgage assignment — assuming one automatically proves the other.

Raising “securitization fraud” or “trust closed” arguments without connecting to specific transfer defects.

Failing to object properly at hearings, waiving key appellate issues.

Ignoring evidentiary rules — allowing hearsay “business record” affidavits without cross-examination.

Not requesting a verified copy of the note or failing to challenge standing at inception.

Skipping affirmative defenses or filing boilerplate defenses without factual development.

Attacking judges or opposing counsel personally instead of focusing on the legal issues. (see our post on how to speak to the Judge without offending them here. )

Misunderstanding motions — using them as appeals instead of for fraud or newly discovered evidence.

Not preparing for summary judgment with affidavits, expert declarations, or discovery-based opposition.

Failing to preserve the record, no transcript, no proffer, no appellate path.

Using outdated internet templates or cut-and-paste pleadings not tailored to jurisdiction or facts.

Filing frivolous notices or lis pendens without ownership interest or legal basis.

Relying on “produce the note” alone without following up on authenticity, transfer, or standing defects.

Misunderstanding assignment law,  believing a recorded assignment alone proves ownership.

Not understanding evidentiary burdens; expecting the court to investigate Filing premature appeals or ignoring jurisdictional timing for rehearing/appeals

How to not make these Mistakes

Hire a professional firm like Living Lies/Defend the Foreclosure to analyze your current situation, gather evidence, and craft the proper defenses. We have been doing Foreclosure Defense Nationally as a specialty for over 20 years.

YOUR HOME IS YOUR CASTLE WE HELP YOU DEFEND IT

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