Foreclosure and Loan Modification Blog

Is Unclean Hands An Effective Defense Against Foreclosure?

Our firm recently received a question from a homeowner in Pennsylvania who wanted to know if he could use an unclean hands defense to avoid foreclosure, and if he could he sue his bank?

Unclean Hands

First, what is an unclean hands defense?

An unclean hands defense is when one party in a lawsuit didn't wash their hands before coming into court and gets dirt all over the legal documents and the judge throws the case out. Precedent for the unclean hands defense was established in 1975 with the landmark Pigpen v. Wells Fargo case, which went all the way to the supreme court.

[fa icon="clock-o"] Monday, March 20, 2017 [fa icon="user"] Maxwell Swinney [fa icon="folder-open'] loan modification, foreclosure defense attorney, foreclosure fraud, unclean hands

If you're considering hiring an attorney to help you avoid foreclosure and/or get a loan modification, you may be wondering what specifically an attorney will do to help you keep your home. You know your mortgage issues are too important to try to handle alone, but how exactly does an attorney help?

Do they just show up in court and say something in Latin “Your honor, the corpus juris, et cetera, entitle my client to keep their house. Also, carpe diem, and liberum domum (free house), please.”

Of course not. So what does an attorney actually do when you hire them to defend you from foreclosure and assist you in getting a loan modification?

Still Trying to Work with Your Mortgage Lender for a Loan Modification?

Homeowners across the country are trying to get mortgage loan modifications that will allow them to avoid foreclosure. They're behind on their house payments, and a permanent change to the terms of their loan that reinstates it with a lower payment is their only hope of keeping their home.

But, for many people, working with their bank on their own simply isn't getting them the results they need. So they're wondering if they should continue to go it alone or get professional help. If you're trying to decide, here are some things to take into consideration.

First, it is possible to get a loan modification on your own. You don't have to pay anyone to assist you. And considering that it also doesn't cost anything to apply for or get approval for a loan mod, trying for yourself can seem like an attractive option.

[fa icon="clock-o"] Thursday, May 26, 2016 [fa icon="user"] Maxwell Swinney [fa icon="folder-open'] loan modification, foreclosure defense attorney

Is Unclean Hands An Effective Defense Against Foreclosure?

Unclean Hands

What Does a Foreclosure Defense Attorney Actually Do for You?

Still Trying to Work with Your Mortgage Lender for a Loan Modification?

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