A foreclosure notice does not necessarily mean that you are going to lose your home. Depending on your situation, you might be able to successfully fight the foreclosure in court. In order to determine whether or not you should fight your foreclosure, it is important you know some of the situations in which a court will review a foreclosure.

State Foreclosure Procedures

Each state has laws and guidelines that govern how foreclosures can proceed. The laws are in place to protect both the consumer and the lender. In the event that your lender has not followed the state's foreclosure laws, you can ask a court to review the process.

For instance, if the lender did not send you written notification that you could potentially face foreclosure, this is not considered following the law. The judge might decide that the lender will have to go through the process again and properly file against you.

This would allow you time to negotiate with the lender to keep the home, move, or catch up on your payments.

Unfair Lending Practices

Many of the lending laws in place are designed to ensure that the lender does not engage in unfair lending practices. In some instances, not only can you fight the foreclosure, but you can sue for monetary compensation for damages you suffered.

Unfair lending practices can cover a range of acts committed by your lender. For instance, if your lender failed to fully disclose all of the terms of your loan, such as the annual percentage rate, you could argue that you signed the loan agreement without fully being aware of what you were expected to pay back.

Military Service

As a military service member, there are additional protections in place to help save you from foreclosure. If you took out a mortgage and were then placed on active duty status, you can receive temporary relief from foreclosure.

The Servicemembers Civil Relief Act gives you the right to make a written request to have the foreclosure delayed. If the foreclosure has already been completed and it is within one year of the date it was done, the court can invalidate the sale.

There are many other situations in which it would be prudent to fight a foreclosure. To better assess the situation and understand your options, talk to a real estate attorney like Saba Richard D. Attorney. An attorney will not only be familiar with these situations, but also know of others that can possibly help you.