1. Failure to Give Notice
Most mortgages require the sending of a Notice of Default prior to the acceleration of the loan. According to the case of Yelen v. Bankers Trust Co., the failure to give such notice is a defense to acceleration and foreclosure. Citing case law such as this in your Affirmative Defenses is very helpful in legitimizing your case, as all Affirmative Defenses should be specifically pled. This means that you shouldn