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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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What is an example of meritorious defense in a foreclosure

Customer Question

What is an example of meritorious defense in a foreclosure case after judge deny order to vacate foreclosure?
Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your question. Please permit me to assist you with your concerns.

Meritorious defenses really differ from state to state. One very popular defense is the lack of standing claim where the note and the loan are not owned or controlled by the same lender, which happens when the debt is sold or transferred to others. However this is becoming rarer and rarer--in New Jersey, for example, the courts ruled that this is no longer considered a meritorious defense. Another example is if the note is not properly signed or filled out by either party--then it likewise could create conflict as to whether the debt is valid, and could create a vacate order. But this is a very factual question and one based on each specific situation--a meritorious defense has to fit the facts, there is no global defense that would work for every party.

Good luck.