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Defending Postforeclosure Evictions

By Maeve Elise Brown & Lisa Sitkin

As foreclosures mount, more residents of foreclosed properties—both homeowners and tenants—are subjected to postforeclosure eviction proceedings. In response, advocates may raise both standard eviction defenses and defenses particular to foreclosed properties. Among the latter is the “produce the note” defense that challenges the standing of the party seeking eviction. Though not the panacea that some have dubbed it, this defense can be successful in some circumstances.

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