Your Best Foreclosure Defense Is Persistence

per · sis · tence

1. going on stubbornly or resolutely despite opposition or warning

2. insistent repetition of a question or opinion

In Washington, D.C. you need both of these definitions to put forth a strong foreclosure defense. Your best foreclosure defense is persistence.

Go on resolutely

The plaintiff may file several motions against you that will be difficult to defend. Try to avoid getting to that stage by preparing for and scheduling mediation. Still, you must timely respond to all pleadings to proceed in court. You must persist in the litigation until you can get a better idea of your lender’s willingness to settle. Comply with Superior Court service rules while attempting settlement with the bank.

Meaningfully responsive pleadings can greatly improve your chances of working out a deal with your mortgage company. To advance your case to a resolution satisfactory to all parties, present specific and effective alternatives to foreclosure. It’s sometimes tempting to see foreclosure litigation as a zero-sum game between the homeowner and the bank. But it’s really not. In most cases, both can win. Prove it.

Insistently repeat the question

Once you are able to prove that you are able to afford your mortgage, you should be offered a repayment option. Only insistent repetition of certain questions will get you a loan modification. It can definitely feel futile to continue to ask the same questions. Do you need anything additional from us? How can we make this work? Over and over, on the phone and in court. You must be persistent. Repeat questions like . . . How can I get back into good standing with you?

Litigation commences if you are not offered a modification. You may have serious defects in your mortgage documents or recordation chain. Or the bank may be negligent for some other reason, including impermissible collection techniques. Otherwise, the court will eventually find the mortgage company to be entitled to judgment.

Persistence is the price to play

Please, be friendly because nothing ever gets done angry. Persistence has nothing to do with incivility. Persistence means stubborn diligence and a certain tenacity despite opposition. Miss no deadlines, attend every hearing, and respond substantively to every pleading. Your best foreclosure defense in D.C. is persistence.