Avoid Foreclosure Monroe – 23 Legal Defenses To Foreclosure: How To Beat The Bank (Paperback)
ByAvoid Foreclosure Monroe – 23 Legal Defenses To Foreclosure: How To Beat The Bank (Paperback)
Product Description
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. Nevada attorney Ramon Dy-Ragos calls this book a “goldmine.” Ohio attorney Thomas Tootle calls it “a necessary desk reference for anyone defending foreclosure – even the most seasoned practitioner.”
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3 Comments
October 2nd, 2009 at 11:23 pm
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!
October 3rd, 2009 at 3:10 am
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
October 3rd, 2009 at 10:42 am
I was apprehensive at first when ordering this book, for a number of reasons. First, for a soft-back it seemed over priced. Secondly, I was afraid it would be (a) either over my head, filled with convoluted legal jargon, or (b) just a teaser, filled with info on how to talk to the bank about modifying a loan or a short sale, but not contain any real meat and potatoes about legal defenses.
Well, let me tell you, I was wrong on all counts! I would gladly pay double, no triple, the price of this book to purchase it after having read it.
It is written in simple to understand English, but don’t take that to mean that it is not jam-packed with legal data. Only the author makes sure he defines all the key terms along the way, and he presents the information on an easily assimilable gradient so that the reader can understand it fully. I thought I was going to have to grind through this book over the course of a few weeks, but once I cracked it open I read the whole thing in one evening…and understood it all!
Despite the gruesome subject matter and legal technicalities, it is actually a very pleasant, it not flat-out enjoyable, read.
Not only does the author present complete strategies and guidelines on how to go about your defense, he also includes a complete appendix of all the legal forms, rules, applicable laws etc. that the reader will need.
Kudos to Troy Doucet for a fantastic book! I am convinced that this work will help many, many homeowners find relief.