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68 Imagine a company that has foreclosed on hundreds or even thou- sands of homes over the years, carefully following the legal proce- dures for notifying delinquent borrowers, when one day—maybe a year or two later—a new complaint arrives. e company is now a defendant. Where is their exonerating evidence? Specifically, the court is going to want to know that everything required by law to com- municate with the person who was on the verge of losing their home was attempted. If that can't be proven, then the foreclosure process will likely start from the beginning. In many cases, a monetary settlement can be expected as well. So it is in the best interest of the foreclosing party to ask the hard questions now: How prepared is the organization? When the judge or the plaintiff 's attorney starts asking about what the mail carrier scribbled on the outside of the envelope, or how certified mail is tracked, will there be a satisfactory answer to give? is scenario may not need to be imagined, it may be a reality. Indeed, the pace of these law- suits can be expected to increase as regulations proliferate, setting the bar higher and higher for lenders who initiate foreclosures. ree major factors determine the soundness of a case when the lender, servicer, or foreclosure attorney/trustee is sued by a borrower: First, was the borrower notified according to the rules and regulations of their state and municipal- ity? Second, did the Postal Service follow its procedures for making sure the borrower had every opportunity to receive the notice? ird, were all of the contents compliant, complete, and accurate? ese questions are a good starting point in any case, and each one represents a much more detailed set of information about the mechan- ics of communication via certified mail. e remainder of this article will outline what to expect in the event of a legal challenge and sug- gest ways that you can stay prepared. CRITICAL COMMUNICATIONS Highly regulated industries, such as financial services, typically operate under strict requirements regarding communication with I N D U S T R Y I N S I G H T / R O D W A L Z A DAY IN COURT: BUILDING A WATERTIGHT DEFENSE BEFORE YOU NEED IT In foreclosure lawsuits, it's not enough just to have followed the rules. There must be evidence that the rules were followed. Effective management of the printing, mailing, delivery, and return-to-sender process can be the difference between victory and defeat.