Foreclosure Defense Grows As A 'Do-It-Yourself' Project

In Albuquerque, New Mexico, The New York Times reports:

• In New Mexico, New York, Florida and the 20 other states where foreclosures require a judge’s approval, homeowners in default have traditionally surrendered their homes without ever coming to court to defend themselves. (In the 27 other states, including California, Nevada and Arizona, homeowners have a much harder time contesting a foreclosure even if they want to.)

• That passivity has begun to recede. While many foreclosures are still unopposed, courts are seeing a sharp rise in cases where defendants show up representing themselves.

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• In New Mexico, this is where the hourlong workshops come in. [...] Young and old, solo and in couples, the homeowners in [director of the nonprofit Fair Lending Center Angelica] Anaya Allen’s class were all in breach, clutching special-delivery packages from their lenders announcing that the machinery was now engaged to evict them. They took notes, asked questions — is the courthouse the building on Fourth Street with the blue roof? — and were resolute if not quite eager for battle.

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• Louis McDonald, the chief judge for New Mexico’s 13th Judicial District, welcomes the influx of homeowners defending themselves, known as pro se defendants. “They really want to stay in their houses,” he said. “Some of them have fairly legitimate defenses.”

• But the law grows more complex as the cases proceed, and foreclosure still looms for those who do not grasp its intricacies. “The system is failing those who can’t afford representation,” [Judge] McDonald said.

For the story, see Foreclosed Homeowners Go to Court on Their Own.