FIGHTING FORECLOSURE: TECHNICAL ERRORS VS. LENDER MISCONDUCT - WHICH WORKS BETTER?

I’ve watched a few cases where technical errors - like missing signatures or botched affidavits - got the whole thing tossed, but I can’t recall a single time where a judge bought the “bad faith” angle unless it was really egregious. Technical stuff just seems more cut and dry. Misconduct is a tough sell unless there’s smoking-gun evidence, which is rare.

Technical stuff just seems more cut and dry. Misconduct is a tough sell unless there’s smoking-gun evidence, which is rare.

I’ve noticed the same thing, honestly. Judges seem way more willing to toss a case over a missing signature than to wade into the weeds of whether the lender was acting in “bad faith.” Maybe it’s just easier for them - less gray area, less drama. I get why people want to go after misconduct (it feels more satisfying if you think you’ve been wronged), but unless someone left an incriminating email lying around, it’s usually a dead end.

I had a friend who tried to argue the lender was deliberately dragging their feet to rack up fees. The judge basically shrugged and said, “Show me something concrete.” Meanwhile, another guy I know got his foreclosure stopped because someone forgot to notarize a document. Go figure.

At the end of the day, it feels like technical errors are the low-hanging fruit. Not glamorous, but if you’re trying to keep your house, I’d rather have boring paperwork mistakes on my side than try to prove some grand conspiracy.

At the end of the day, it feels like technical errors are the low-hanging fruit. Not glamorous, but if you’re trying to keep your house, I’d rather have boring paperwork mistakes on my side than try to prove some grand conspiracy.

That’s been my experience too. Technical errors are just easier to prove - either the document’s signed or it isn’t. I’ve seen cases where a missing initial bought someone months. Misconduct is tough unless you’ve got a paper trail, and most lenders are careful about that. Ever notice how judges almost seem relieved when there’s a clear technical issue? Less mess for them to sort out.

Yeah, I’ve seen the same thing - judges don’t want to wade through a bunch of “he said, she said” about intent or shady practices. If there’s a missing signature or a date’s off, it’s just cleaner. Not glamorous, but it works. Misconduct is a much tougher sell unless you’ve got something concrete, and most lenders are pretty buttoned up these days. I’ve had clients get months just from a botched notice. Sometimes boring wins.

Had a similar thing happen a few years back - bank tried to foreclose, but their notice had the wrong address on it. Nothing dramatic, just a typo, but it bought us almost six months. Chasing “bad faith” is way harder unless you’ve got a smoking gun. Sometimes the paperwork trip-ups are your best friend.