“The best defense is a good offense!”
Defending your rights with litigation can be the best way to resolve your troubled mortgage and keep your home, so contact us today!
► Does your mortgage loan have a high interest rate, upward adjustment, or balloon payment?
► Are you stuck in an Adjustable Rate Mortgage (ARM), Negative Amortization, or Interest Only mortgage?
► Was your mortgage loan sold or transferred, resulting in an inaccurate balance or loan status?
► Have you applied for a loan modification? Were you denied after getting the runaround?
► Did you complete a trial modification with the promise of a permanent modification? Did that denial result in your loan being back in default?
► Have misapplied payments caused your credit to be adversely affected, and caused other damages such as foreclosure?
► Are you a victim of the “dual-track” foreclosure process? Did your lender lead you to believe you were getting a loan modification and then foreclose?
GET HELP NOW! ► ► ►
Call (888) 718-0986, or fill out the simple form to the right, and schedule your FREE consultation with a foreclosure litigation attorney.
We have supported foreclosure litigation attorneys that have been featured in the following publications:
* * *IMPORTANT – PLEASE READ – Attorney consultations are sometimes scheduled by completing an initial call with an MRP Representative. MRP representatives can not and will not offer legal advice.* * *
Sue Your Lender – Basic Eligibility Requirements
The following list of qualifications is a general guideline and is by no means all inclusive. The best way to determine the viability of pursuing litigation against your lender is to speak to an experienced attorney.
INCOME AND ASSETS:
You can be employed, unemployed, or retired. The unemployed or retired should have ample cash reserves and/or other sources of income.
Any mortgage status is acceptable. As long as you still live in the property, you may have a viable case.
You can be anywhere from current on your mortgage, to living in your already foreclosed and sold home, but not yet evicted. IF HOME RETENTION IS YOUR PRIMARY GOAL, YOU MUST OCCUPY OR LEGALLY CONTROL THE PROPERTY. If you have already exited the property, you are typically limited to suing for monetary damages.
Sue Your Lender – The Litigation Process
After years of legislative evolution, individual litigation by homeowners against their mortgage lenders has become a viable legal strategy. Recent legislation in most states, most notably the Homeowner Bill of Rights (HBOR), gives homeowners a stronger hand in defending and pursuing relief for legal issues arising from their mortgage. Legislators and judges are holding lenders responsible for RESPA, TILA, HOEPA and HBOR violations, which were previously minimized in most courts. Additionally, legal issues arising from “MERS” and “improper MHA declinations” are giving homeowners additional causes of action.
While each case is unique, the mortgage litigation attorneys supported by MRP typically follow these basic steps:
1. Complete client interview, and collect all background documentation.
2. Complete background investigation on subject property, mortgage loans, and all other relevant facts and documents.
3. Analyze facts and evidence for all possible causes of action.
4. Formulate and file lawsuits for all causes of action in STATE AND/OR FEDERAL court, as appropriate. (Most foreclosure litigation actions are brought at the state level).
In cases involving foreclosure or eviction proceedings, an application for injunctive relief (TRO), or Temporary Restraining Order may be filed to stop foreclosure and eviction proceedings.