how can i hire an attorney to sue my mortgage lender

Mortgage loan fraud lawsuits are very complicated so you should think about hiring a lawyer if you want to sue. At a minimum, you should meet with a lawyer for a consultation in which you will discuss the strength of your case. To find a real estate attorney, you can visit your state’s bar association, which should run a referral program.

Full Answer

Can I sue my mortgage lender?

Log-in to DoNotPay and select the Sue Now product. Enter the dollar amount that you are owed. Describe why you need to file a lawsuit. Once you enter all of this information, DoNotPay will prepare a demand letter for you to send to the mortgage lender.

What can our mortgage attorney do for You?

Jan 14, 2022 · An experienced mortgage attorney can help you review loan documents, assist you in contract negotiations, as well as represent and file a legal claim on your behalf against the mortgage lender, should any disputes arise. No fee to present your case Choose from lawyers in your area A 100% confidential service

What to do if you have a dispute with a lender?

Aug 13, 2014 · Talk to our mortgage attorney today if you think you are facing a mortgage fraud or wrongful foreclosure. We can help you sue mortgage lenders for mortgage fraud and stop the wrongful foreclosure! Call us today, our mortage fraud lawyers can save your home. The consultation is free (818) 254-8413

When to file a mortgage fraud lawsuit against a lender?

Can You Sue a Mortgage Lender for Negligence? As mentioned above, if your mortgage lender commits negligence, you may sue your mortgage lender. Examples of this can include where they negligently fail to include terms in the loan agreement that were agreed to by both parties, or if they breach their fiduciary duties. Additionally, you may be able to sue your mortgage lender if …

Can you sue a mortgage company for stress?

If you are experiencing stress due to the actions of your mortgage company, you may be able to sue them for stress in small claims court.

What are reasons to sue a mortgage company?

As mentioned above, if your mortgage lender commits negligence, you may sue your mortgage lender. Examples of this can include where they negligently fail to include terms in the loan agreement that were agreed to by both parties, or if they breach their fiduciary duties.Sep 10, 2019

Can you sue an underwriter?

Liabilities that mortgage underwriters can face will often include legal issues, such as fraud, unfair business practices, misrepresentation, false advertising, and other similar claims. Depending on who authorized the harmful action, an individual underwriter, the lending company, or both can be held liable.Jan 21, 2022

What are lender liability claims?

Lender Liability — liability caused by the wrongful acts of a lending institution. Lender liability claims most frequently arise when a debtor challenges the validity of a loan agreement in a counterclaim against a financial institution after the institution has filed a collection action.

How do you fight a mortgage lender?

File a complaint with the California Attorney General's Office. File a complaint with the Federal Trade Commission. If your complaint is against a real estate broker or salesperson, visit the California Department of Real Estate for details, or call the DRE Public Information Line at (877) 373-4542.

What is respa in mortgage?

Real Estate Settlement Procedures Act. RESPA seeks to reduce unnecessarily high settlement costs by requiring disclosures to homebuyers and sellers, and by prohibiting abusive practices in the real estate settlement process.

Can you speak to your underwriter?

Underwriters Cannot Directly Ask You Anything It is important to note that underwriters should not be in actual contact with you. All questions and discussions should be handled through your lender or loan officer. An underwriter talking to you directly, or even knowing you personally, is a conflict of interest.Aug 4, 2020

Can underwriter change their decision?

Yes, the Underwriter Can Reject Your Loan The answer is yes. He or she can make a negative decision regarding your file, and that decision can cause your loan to be rejected. First-time home buyers / borrowers often ask if they can be turned down for a loan, after they've been pre-approved by the lender.Apr 27, 2014

Can you request a different underwriter?

You also can't request a new underwriter. The only way to switch to a different underwriter is to cancel your loan application and either apply again to the same lender -- hoping to land with a new underwriter -- or to seek a mortgage loan with a different lender.

What are the rights of a lender?

The Lender has the right to: declare all amounts owed by the Borrower as exigible and immediately due, to cease the lending, to withdraw the loan, as granted, with any and all deriving consequences and to proceed with the enforcement of securities stipulated in the Agreement, so as to recover the amounts owed by the ...

Does a lender have a fiduciary responsibility?

Banks, mortgage companies, and other commercial lenders generally have a fiduciary duty to their borrowers. Borrowers may be able to take legal action if their lender was not acting in their best interest with regard to the loan—for example, by misleading them or failing to provide information about their loans.

What happens when a lender makes a mistake?

When a servicer makes an error in processing your payment, you could be considered to be in default on your loan and end up in foreclosure proceedings. Some of the more common mistakes mortgage servicers make are: Not properly crediting payments to the account. Not paying taxes and insurance.Nov 30, 2015

Can A Mortgage Company Be Sued For Negligence

As mentioned above, if your mortgage lender commits negligence, you may sue your mortgage lender. Examples of this can include where they negligently fail to include terms in the loan agreement that were agreed to by both parties, or if they breach their fiduciary duties.

Suing Your Mortgage Lender

When you believe that your home is worth saving, and your situation is such that you can afford modified payments, then you should fight on, with legal help from a lawyer. The more persistent you and your legal counsel are, the better your chances will be of winning.

Respa Is A Powerful Law

Its very helpful when youre facing foreclosure, and especially if the mortgage company has made any mistakes.

What Legal Issues Can Arise When Dealing With Mortgage Lenders

As noted above, numerous legal issues can arise when dealing with a mortgage lender, most commonly due to a breach of the loan agreement. A loan agreement is similar to any other contract this means all breach of contract remedies are available, should a party breach the contract.

How Long Can A Lender Wait Before Foreclosing Or Suing On A Note

Years ago, Justice Oliver Wendell Holmes, Jr.

We Sue Lenders For Mortgage Fraud

We offer free legal advice, and we strive to make our services available to homeowners who cannot afford to pay thousands of dollars to save their home.

How Do I Dispute An Error Or Request Information About My Mortgage

If you think your mortgage servicer has made an error or you need information about your mortgage loan, you can call or write a letter to your servicer. You may get more protections if you write a letter.

What happens if you fall behind on your mortgage payments?

You fell behind on mortgage payments and your lender is giving you misleading information about your options to save your home. You have applied for a loan modification and your lender is sending you foreclosure notices at the same time. Your lender lied to you about stopping foreclosure while you were being reviewed for a modification.

What is foreclosure fraud?

We often find that foreclosure fraud occurs when lenders violate the law by creating unconscionable loan terms. Mortgage litigation empowers the homeowner to take the lender to court. The homeowner can no longer be ignored or strung along until the lender decides to foreclose.

What are the legal issues with a mortgage lender?

As noted above, numerous legal issues can arise when dealing with a mortgage lender, most commonly due to a breach of the loan agreement. A loan agreement is similar to any other contract; this means all breach of contract reme dies are available, should a party breach the contract. Common examples of legal issues that may arise when dealing ...

What are some examples of legal issues that arise when dealing with a mortgage lender?

Common examples of legal issues that may arise when dealing with a mortgage lender include, but are not limited to the following: Foreclosure: The most common legal issue that arises between a mortgagor and mortgagee is when the mortgagor is behind on making payments on the mortgage, which leads to foreclosure .

What does a real estate agent do?

Finally, a real estate agent will also be involved in helping the borrower find a property to purchase, as well as work with the mortgage lender and broker. As can be seen, with so many parties involved in the purchase of a home, it is not difficult to see why legal disputes often arise.

What is the role of a mortgage broker?

The broker’s role is to assist the borrower by researching multiple loan options from many lenders and helping them find the best loan for them.

What is a breach of contract claim?

Typically, the claim that you will file against the mortgage lender will be based on a breach of contract theory, where you will seek to recover any economic losses that you may have suffered. Additionally, breach of contract remedies may include remedies in equity, such as: Cancelling the mortgage contract; Rewriting the mortgage contract ...

What is foreclosure in mortgage?

In short, foreclosure is the process where the lender takes the borrower’s property and sells the property at a public auction in order to satisfy the borrower’s debts; Mortgage Fraud: Mortgage fraud occurs when false or incorrect information is provided on a loan application.

What is predatory lending?

Predatory Lending: Mortgage lenders sometimes target susceptible buyers, such as first-time borrowers or elderly borrowers, and offer them loans at abusively high interest rates or unreasonable loan terms ; or.

What to do if your mortgage lender lied?

If you believe that your lender has lied to you or is committing mortgage fraud, you should immediately call our office (818) 254-8413 and speak with our experienced mortgage foreclosure attorney to determine your best options to fight foreclosure.

What to do if you are facing foreclosure in California?

If you are facing foreclosure or have received a notice from your mortgage lender about your loan being in default, you should know your legal rights before making any decisions about fighting to keep your home or moving out. In California, there are strong foreclosure laws that protect homeowners against losing their homes from mortgage fraud. California homeowners must be contacted by their lender before the foreclosure process starts. Borrowers have various options to keep their home, whether it is modifying the loan, entering into a payment plan to catch up on missed payments, or selling the home prior to the auction.

Do lawyers charge hourly fees?

This is a legitimate concern when you want to gauge affordability of your lawyer. Some litigation lawyers charge hourly fees, others charge a flat monthly fee or a combination of monthly fee and a contingency fee. Filing a lawsuit against a lender is a lengthy process that can be very expensive. Make sure that you ask about fees ...

Do you have to contact a lawyer before foreclosure in California?

In California, lenders are required to contact homeowners before starting the foreclosure process. If you have missed mortgage payments and the lender sends a notice of default or notice of trustee sale without contacting you first, you should immediately call a lawyer.

CanI sue a representative of my mortgage lender for not completing my loan in time forthe closing?

We have given all information asked for and it was presented that we would be able to close on our house today (original date was about 2 weeks earlier). My wife asked multiple times if everything was good from the lender and there was no response. Then the night before closing their representative called and said they needed W2’s.

Answers

Normally, there is no cause of action against a mortgage lender for not granting a mortgage (either at all or "on time," vis-a-vis dates for financing in the home sale contract).

Suing For Emotional Distress

Following an act of negligence, its relatively common knowledge that you can sue someone for physical injuries. However, a common question related to those same circumstances is, Can I sue someone for emotional distress?

Why It Would Indeed Be Daring

The odds are stacked against you, especially if you are dealing with a large firm.

When To Sue A Landlord

When you should sue your landlord depends on the reason you are suing. If you are suing because the landlord withheld your security deposit, then it makes sense to file the lawsuit after move out. If you are suing because the landlord refuses to perform repairs to make the unit habitable, then it makes sense to sue while you have an active lease.

Can I Sue My Mortgage Company For Stress

While possible, a lawsuit for emotional stress will generally be successful only in the most egregious of situations. This claim is often called negligent or intentional infliction of emotional stress. This means that the lender would have to negligently or intentionally bring a wrongful foreclosure that causes you emotional stress.

Other Things You Can Do Make Your Loan Process Go Faster

One of the first steps to getting qualified for a loan is having your credit checked. You can get ahead of this one by requesting a copy of your credit report and clearing up any discrepancies that could hurt your chances of getting approved.

Qualifying Borrowers Prior To Issuing Pre

Any loan officer can easily qualify and issue a pre-approval for Home Buyers with the following credit and income profiles:

Mortgage Assistance And Your Rights

Scammers target desperate homeowners looking to avoid foreclosure and stay in their homes. These scammers promise theyll get changes to your loan so you can keep your home. But they want you to pay them an upfront fee before giving you any services or getting any results. Dont do it.

Mark W. Oakley

Forget about suing over this amount. Go here and file a consumer complaint: http://www.dllr.state.md.us/finance/consumers/compmort.shtml

Jay B. Shuster

Your damages are too small for an attorney to bother with. If you want you can file a small claim yourself. Add up your damages and sue the lender and broker. It still might not be worth the aggravation - there are no guarantees that you would win.

Lorraine Miguel Medeiros

It is difficult to say that you do or do not have a claim without reviewing all of the paperwork from both lenders.

Stephen Reichert

You can but your likelihood of success if probably greatly diminished by the original agreement. Though I would look first to this regarding time frames and delays, etc. Also, damages could be limited to direct damages thus resulting in a rather minor recovery. If you have a claim I suspect a settlement would be the most likely outcome.