Foreclosure defense is term used to describe a set of legal tactics and strategies used by consumer lawyers and advocates to fight and defend lender foreclosure

Foreclosure

Foreclosure is the legal process by which a mortgage lender , or other lien holder, obtains a termination of a mortgage borrower 's equitable right of redemption, either by court order or by operation of law...

 actions. This emerging legal practice gained momentum, acceptance and notoriety with the subprime mortgage meltdown crisis

Subprime mortgage crisis

The U.S. subprime mortgage crisis was one of the first indicators of the late-2000s financial crisis, characterized by a rise in subprime mortgage delinquencies and foreclosures, and the resulting decline of securities backed by said mortgages....

 of 2007–2009 as foreclosures in America soared to new heights.

Foreclosure defense involves a proactive fight against both judicial and non-judicial foreclosures of property wherein borrowers and their attorneys deny the legal claims or authority of the lender to foreclose. Common strategies include produce the note; prudential and legal standing to foreclose; Truth in Lending Act

Truth in Lending Act

The Truth in Lending Act of 1968 is United States federal law designed to promote the informed use of consumer credit, by requiring disclosures about its terms and cost to standardize the manner in which costs associated with borrowing are calculated and disclosed...

 (TILA) violations; TILA rescission

Rescission

In contract law, rescission has been defined as the unmaking of a contract between parties. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract .-In court:Rescission is an...

; predatory lending

Predatory lending

Predatory lending describes unfair, deceptive, or fraudulent practices of some lenders during the loan origination process. While there are no legal definitions in the United States for predatory lending, an audit report on predatory lending from the office of inspector general of the FDIC broadly...

 and predatory servicing

Predatory mortgage servicing

Predatory mortgage servicing is a pejorative term used to describe abusive, unfair, deceptive, or fraudulent mortgage servicing practices of some mortgage servicers during the mortgage servicing process. There is no legal definition in the United States for predatory mortgage servicing...

; fraud

Fraud

In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...

; breaks in chain of title

Chain of title

A chain of title is the sequence of historical transfers of title to a property. The "chain" runs from the present owner back to the original owner of the property. In situations where documentation of ownership is important, it is often necessary to reconstruct the chain of title...

; and other tactics.