Condition Precedent Defenses in Foreclosure Actions: Raise Them or Lose them
- June 13, 2015
- Thomas Adam
- Foreclosures
Mortgages are contracts under which both the lender and the homeowner, borrower have obligations. One of the homeowner’s obligations is to make their mortgage payments. When homeowners are unable to meet this obligation, the lender typically begins foreclosure proceedings. However, before filing the foreclosure action, the lender typically has contractual obligations, like giving notice of default, which it must comply with before it can file the lawsuit. The notice and other requireme[...]