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Published on Mar 22, 2009
A homeowner threatened with a mortgage foreclosure can start his/her own foreclosure action against the bank. Such action if successful would foreclose the bank from foreclosing on the mortgage or encourage the bank to enter into a modification agreement to which it otherwise would not agree. A borrower's foreclosure action is more suitable in California, Nevada, Arizona, Michigan, Washington DC and other states which permit mortgage foreclosures without a court action (called "non-judicial foreclosures"). 29 states permit non-judicial foreclosures. In the other 21 states, including NY (called "judicial foreclosure states"), homeowner-borrowers usually wait for the bank to start a mortgage foreclosure action before asserting their defenses, offsets and counterclaims. This video is by attorney Carl Person who advises homeowners in various states how to oppose mortgage foreclosures.