Foreclosure Defenses

A growing number of home-mortgage holders in foreclosure are taking their lenders to court, where they are posing fundamental questions about the banks’ legal right to repossess their homes, said an attorney addressing a packed crowd of lawyers Thursday at the State Bar of Arizona 2009 Convention in Phoenix.

“I’m actually going to raise more issues than I have answers for, because that’s what’s happening here in Arizona,” Tucson attorney Beverly Parker, of Southern Arizona Legal Aid, told an audience of about 200 inside a meeting room at the Arizona Biltmore Resort and Spa.

Lenders have sought to avoid expensive litigation in their efforts to foreclose on thousands of mortgage holders who have fallen behind on their payments, Parker said, opting for the non-judicial trustee’s-sale process.

Complete article from Arizona Republic