Let’s Make a Deal
This option allows ownership of the property to be voluntarily transferred back to the lender to resolve the default
What is a Deed‑in‑Lieu of Foreclosure
This common litigation defense argues that the plaintiff does not have the legal right to enforce the loan or foreclose
What is lack of standing
This type of judgment is commonly entered in a contested case to resolve the litigation
What is a Motion for Summary Judgment
This loss mitigation option changes the terms of the mortgage to make the borrower’s payments more affordable
What is a Loan Modification
Litigation over this required “condition precedent” most often centers on whether this notice was properly sent and expired
What is a Demand Letter (also known as a Pre‑Foreclosure Notice, Notice of Intent to Foreclose, or Breach Letter)
This is typically the first filing a defendant submits in a judicial foreclosure to formally contest the action
What is a Responsive Pleading or Answer
This occurs when the lender agrees to accept less than the full amount owed to satisfy the loan
What is a Short Payoff or Short Sale
This is frequently filed by an estate to temporarily halt the foreclosure and allow time to market or sell the property
What are Temporary Restraining Orders
In some jurisdictions, this occurs when disputed issues cannot be resolved through a Motion for Summary Judgment
What is a trial
This type of judgment resolves the foreclosure by agreement, often accelerating the timeline and sometimes including a financial incentive for the borrower to sign
What is a Consent Judgment
A common defense in FHA foreclosures alleges that this required meeting never occurred
What is the HUD face‑to‑face meeting
This litigation process is used by the parties to exchange information and evidence relevant to the claims and defenses in the case
What is Discovery
To be effective, a witness should do this in advance of the mediation
What is prepare with their attorney
This formal written request is used to dispute servicing errors and is governed by RESPA (Real Estate Settlement Procedures Act)
What is a Qualified Written Request
To be ready for trial, a deposition, or other litigation events, a witness should do this beforehand
What is prepare with their attorney