I don't think your affirmative defenses will succeed.
Realize that your HOA dues are due regardless of what your lender on your mortgage does, and in many cases, the HOA dues have recorded their Deed of Trust before the bank, so their lien has priority. Your bank isn't obligated to pay your HOA dues, so a suit against the lender won't get you anywhere.
Your finanical hardship isn't a defense either, and it's unclear from your statement about foreclosure applies to "all" properties, including your primary residence.
Is bankruptcy a viable option? It would at least buy you some time, so depending on your other debts, you might want to see a bankruptcy lawyer for help.
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An affirmative defense is a fact that is outside the complaint that defeats the allegations in the complaint. For example, a statute of limitations is an affirmative defense to a perfectly alleged contract complaint if the complaint was not filed within the limitation period.
It does not sound like the defenses you described are affirmative defenses.
Whitcomb Law Firm, Ltd.
Neither of these are valid affirmative defenses.
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