Litigating Non-Judicial Foreclosure Cases

Webinar Date: 
November 9, 2016

Foreclosures arise for many reasons. Sometimes loan modification agreements are broken, other times servicers are not reviewing people properly or using dual tracking within a case. In more than half of the country, lenders do not have to go to court in order to foreclose on a home. Since homeowners cannot defend themselves against this foreclosure, they need to file a lawsuit to temporarily stop the foreclosure.

Using case studies, this webinar will provide participants with practical recommendations about how to litigate the case when the borrower is the plaintiff and needs to enjoin the foreclosure sale while pursuing the borrower’s claims. 

What You Will Learn

•    How to plead a case involving violations of state foreclosure laws, as well as any other claims that can be made, including federal and state lending violations, claims related to failure to properly review for a loan modification, UDAP violations, and any other available statutory and/or tort claims. 
•    How to seek injunctive relief to prevent the sale of the home and what may be required from your clients in order to sustain the injunctive relief.
•    How to assist your clients in understanding the damages and relief that may be available to them for their claims. This will include setting reasonable expectations and understanding the math involved. 


Melissa A. Huelsman is the principal of Law Offices of Melissa A. Huelsman, P.S. Her practice involves plaintiffs’ civil litigation in the areas of predatory lending and mortgage loan servicing, foreclosure defense, fraud, and foreclosure rescue scams. Ms. Huelsman is a founder and vice chair of the board of directors, Northwest Consumer Law Center, a nonprofit dedicated to the representation of consumers on financial issues and she sits on the board of CENTS, financial literacy nonprofit. She was named King County Bar Association’s Pro Bono Lawyer of the Year in 2006 and was previously recognized by VLS as one of its Volunteers of the Year. She has been interviewed by foreign and domestic journalists regarding predatory lending, mortgage loan servicing, foreclosure rescue scams, and wrongful foreclosures, including the New York Times, Wall Street Journal, Business Week, and others. Ms. Huelsman received her B.A. in English from California State University at Fullerton in 1993 and her J.D. from Southwestern University School of Law in Los Angeles in 1997.


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