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Are there special defenses to a foreclosure on a VA backed mortgage?

Winter Park, FL |

I have seen on several attorney's web sites that there may be defenses available to VA loans beyond that for conventional mortgages. None of the sites, however, say what these defenses are.

Attorney Answers 4


It will depend on the foreclosure as filed. Speak to a qualified real estate attorney to review and assist you

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Of course the other websites do not tell you what those defenses are. They want you to hire the law firm if you want their “perceived” expertise.

When dealing with a V.A. backed loan the game is different. The bank that owns the loan has a V.A. Guarantee. If they complete the foreclosure and you owe $250,000 on a house that sells for $125,000.00 on the court house steps the V.A. guarantee means the bank does not lose a dime. Sometimes a V.A. loan case is worse than a conventional case because of the bank lacks any financial incentive to avoid losses.

The V.A. has a framework of procedures and requirements for loan servicers who administer and service V.A. loans. The V.A. would really like it if there is a work out that keeps the veteran in their home and avoid the V.A. making a huge payout on the loan guarantee. The bank on the other hand may often has a conflict of interest as between default servicing fees and the loan guarantee foreclosure can be the more profitable alternative. Defenses asserted in V.A. cases often involve pleading as an affirmative defense that the loan servicer did not comply with applicable V.A. servicing guidelines and that complying with the servicing guidelines was a “condition precedent” ( lawyer speak for prerequisite) of filing the foreclosure action.

This Answer is for general purposes only and does not establish an attorney-client relationship.

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Your potential defenses to a foreclosure of a VA backed loan is going to be specific to your situation and so you will not find them on any website. Even if you do not retain a foreclosure defense attorney to represent you, it would behoove you to at least meet with an experienced foreclosure attorney to get a sense of what you are up against. Many foreclosure defense attorneys will offer a complimentary initial consultation. Good luck.

Please note that the response above is not meant to constitute legal advice and it does not establish an attorney-client relationship. You should contact an experienced attorney to assist you.

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There are special defenses to every mortgage foreclosure, which depend upon the facts of the case.

R. Jason de Groot, Esq.,

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