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One of the main arguments that foreclosure defense lawyers use in court is that banks take an illegal action of compelling a homeowner to surrender the property by taking away their second mortgage on the property in foreclosure. Banks can only seize the second mortgage if they have secured the first lien on the property by taking out a loan that is subordinate to the mortgage. This means that the bank can only take the property if the mortgage is still in place and Secured by a deed of trust (or, a deed of equity). The implication is that the bank has an interest in the security of its loan and therefore can seize properties even when there is already a judgment for foreclosure. The meaning of this for many homeowners is that if a lender secures your home by a deed of trust, you are giving up your right to challenge the foreclosure in court.