Don’t expect it to actually happen… I wrote about this phenomena a year ago, and there are still lots of practitioners claiming it can be done. They all say that they have done it, but I have been able to find no verified cases where the mortgage was set aside by one of these operations… Delayed, perhaps… but not set aside.
The bottom line is that it could happen… could. BUT, it is WAY more likely that you will spend thousands of dollars on legal fees, and be strung along for months and months… or even years, and then end up in worse straights than when you started.
The line sounds great, and to a non-legally trained mind like mine, it seems logical. But, my industry friends tell me that it just isn’t realistic in the real world.