Which Battles To Fight in Foreclosure Court?

We see so many clients come to us after failing in court that we thought it important to share exactly which battles are important to fight in Foreclosure and which ones to skip. After 20+ years of doing this nationwide who better than us to share with you some of the mistakes we see.

Which Battles Are Worth Fighting in Foreclosure Court?

Not every argument is appropriate and many are simply not going to work. Remember, Judges see you as someone they don’t want to give a “free” house to, so focus on the law and issues like Legal Standing and Fraud and be sure you have the right evidence to back up claims. Evidence from experts that survive the hearsay rules and other pitfalls. Our experts at Living Lies/ Defend the Foreclosure have the qualifications and credibility to get Judges to see the faults in the “pretend lenders” case against you. Ask to join our private facebook group here to see samples of our expert affidavit’s that have saved our clients homes.

Common Mistakes Homeowners Make

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

Raising payment disputes (“I made payments”) without documentary support or relevance to standing.

Misusing procedural defenses like untimely service or notice defects that cause no actual prejudice.

Asserting rescission or TILA rescission years after expiration or inapplicable to the loan type.

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.

Not filing motions to compel discovery when the bank refuses to produce key documents.

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 purely 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 rather than requiring proof.

Filing premature appeals or ignoring jurisdictional timing for rehearing and appeal deadlines. 

And no AI will not help you here. All good legal experts may use AI for case research but never to draft documents in cases like the ones we deal in; Judges can spot AI a mile away.

The Battles That Matter

The battles are all about issues surrounding Legal Standing, Fraud and Evidence based claims and defenses. The proper use of Discovery is critical here to preserve your rights.

Key to Foreclosure litigation is the ability to serve discovery on the plaintiff challenging standing as a whole and challenging the allegations based on either lack of evidence or fraud. This way you can attack the exhibits, transfers, or lack of  endorsements etc. In the majority of the cases we see there is little to no discovery done by the Homeowner which puts them in an extremely adverse position.

How to Prioritize Your Defense

Focus on the issues that can dismiss the case against you or force a favorable settlement. Often we see settlement offers vastly improve as the case progresses. Remember, these pretend lenders don’t want any case setting precedents by losing at trial so we often help resolve these cases favorably with a dismissal, a settlement offer to drop the case or a favorable loan modification.

Procedural errors can be extremely detrimental in defending the Foreclosure and can result in the bank foreclosing in less than a year, even in a judicial foreclosure state. If the defendant fails to answer the complaint, serve discovery, or challenge standing at trial or at the summary judgment stage the case and any post judgment remedies are over.

Every situation is different depending on the State, the Litigation stage, and what has been argued previously and barred by Res Judicata or otherwise time barred. Reach out to us to discuss this very important issue or if you prefer fill out a complete case statement here.

Call to Action

Use the contact us form in the sidebar or simply call us at 844.583.5339 We answer the phone! We’re happy to hear about your case and discuss how we might help you preserve your rights and seek justice. Remember, YOUR HOME IS YOUR CASTLE WE HELP YOU DEFEND IT

Tags: foreclosure defense
Posted in evidence, expert witness, Fabrication of documents, foreclosure defenses, legal standing, Pleading |