what type of attorney would handle mortgage disputes?

An experienced real estate 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.

Full Answer

What can a mortgage attorney do for me?

Feb 21, 2013 · Therefore, it may be in your best interests to seek out a well qualified and experienced mortgage attorney to help guide you through the process of obtaining a mortgage and purchasing a home. 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 …

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

Apr 09, 2013 · If you are facing foreclosure or are unsure that you can make your monthly mortgage payments, you should hire a skilled and knowledgeable attorney for mortgage problems. A local mortgage lawyer would be best suited for representing you in your mortgage issues, due to the fact that they will have greater awareness of how your state’s specific laws …

Can I take legal action against my mortgage lender?

Apr 28, 2009 · What type of attorney would handle a claim against my mortgage company for mishandling my account? Full Question: My mortgage company has mishandled my account, which caused my credit report to be damaged making it impossible to refinance.

What are the legal issues when dealing with a mortgage lender?

Dec 14, 2021 · A "loan servicer" handles mortgage accounts.Sometimes, the original lender or a bank that the lender sells the loan to (an "investor") services the loan. Other times, the lender or investor transfers the right to manage the loan account to a different company for servicing.

How do I dispute my mortgage debt?

If you have a problem with your mortgage, you can submit a complaint online or by calling (855) 411-CFPB (2372). If you're facing imminent foreclosure or have been served with legal papers, you may also need to consult an attorney.Sep 9, 2020

What is a mortgage dispute?

What Is a Mortgage Dispute? Put simply, a mortgage dispute is any disagreement that arises between a mortgage lender and borrower. When lenders and borrowers enter into a purchase agreement for a home or other type of real estate, this agreement is referred to as a mortgage.

How do I write a letter of dispute to my mortgage company?

Submitting a letter:Include your name, home address, and mortgage account number.Identify the error. Tell your servicer exactly what error you believe occurred. ... Do not write your letter on your payment coupon or other payment form you get from your servicer.Send the letter to the proper address.

Can you sue a loan servicer?

You can also sue. According to HUD, "A borrower may bring a private law suit, or a group of borrowers may bring a class action suit, within three years, against a servicer who fails to comply with Section 6's provisions." You can also file a complaint with the government agency that regulates the servicing agent.

Who helps consumers who are having difficulty paying their mortgage?

Talk to your mortgage servicer about possible solutions. Contact a professional HUD-approved housing counseling agency for no-cost assistance to figure out your options. Find a housing counselor online or call 888-995-HOPE (4673).Jan 10, 2014

Do banks make mistakes on mortgages?

Mortgage servicers sometimes make serious errors when handling a homeowner's loan account. Fortunately, a federal law, the Real Estate Settlement Procedures Act (RESPA), provides a way for you to make the servicer correct the error if you believe it made a mistake when managing your mortgage payments.

What is a satisfactory letter of explanation?

The key to writing a great letter of explanation is to keep it short, simple and informative. Be clear and write with as much detail as you can since someone else will need to understand your situation. Avoid including irrelevant information or answers to questions the underwriter didn't ask.Dec 2, 2021

What is a compliance agreement in a mortgage?

What is a Compliance Agreement? A Compliance Agreement is a document in a closing loan document package in which a borrower agrees to “comply” with requests from the lender or closing agent to correct typographical or clerical errors and inadvertent mistakes in the loan documentation after the loan has closed.Oct 14, 2020

Can a mortgage company refuse payment?

Mortgage lenders don't refuse payments from borrowers in good account standing. If you can't convince your mortgage lender to accept payments from you, and your loan is in danger of default, you may need to speak with a qualified attorney to discuss your options.

Can mortgage broker be sued?

Lenders can and do sue individuals who participate in mortgage fraud.

What is a fiduciary lender?

FIDUCIARY RELATIONSHIPS Lender liability laws say that a fiduciary duty exists for the lender when borrowers have faith in the lender to uphold their end of the deal, when borrowers are in a position of inequality or dependence on the lender, and when the lender controls the borrowers' affairs.

What can I do if my mortgage is sold to a bad company?

You have to pick up the phone and call your current lender and ask them to confirm whether your loan was sold or not. You also ask them to confirm who the new loan servicer is for your loan. If you take this simple step, you can avoid quite a bit of pain down the road and ensure that you pay the right loan servicer.Oct 17, 2020

What is a mortgage lender?

A mortgage lender, also known as a “mortgagee,” is a person, group of persons, or a company, that provides money to a borrower, also known as a “mortgagor,” to purchase a home. Typically, mortgage lenders are financial institutions, such as a bank or mortgage company. However, there are some individual mortgage lenders.

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 are the remedies for breach of contract?

Additionally, breach of contract remedies may include remedies in equity, such as: 1 Cancelling the mortgage contract; 2 Rewriting the mortgage contract to better reflect the parties agreement; or 3 Ordering specific performance under the contract.

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.

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.

Is the real estate process complicated?

Further, the real estate process is often a complicated process involving numerous parties.

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 mortgage litigation?

“Mortgage litigation” is a term used to describe a lawsuit involving disputes over mortgage repayment.

What happens when a borrower fails to pay their mortgage?

Once a borrower fails to repay their mortgage, the lender has the right to begin the foreclosure process. This refers to the process in which a lender takes possession of a home because the borrower has defaulted on their mortgage payments.

What is a mortgage?

A mortgage is a type of security interest that attaches to a piece property that is paid with borrowed money. This security interest acts as a type of collateral for the repayment of a loan that a person borrowed from a bank or other financial institution, in order to pay for the property. An example of this would be when a person wants ...

How long does it take for a foreclosure to happen?

Generally speaking, foreclosure begins after three months of nonpayment, and after the borrower has been notified of their default.

What is the purpose of a mortgage?

A bank or other lender will provide the money to purchase the home or property, and a mortgage is then placed on the property. The purpose of this is that if the borrower defaults on their loan, the lender will have the right to take possession of that property. A mortgage transaction is composed of two important documents: the promissory note, ...

What is a promissory note?

The promissory note is what holds the borrower responsible for repaying the loan, even if the borrower sells the property at a later date. A mortgage or deed of trust document acts as a lien on the property. What this means is that if the borrower does not repay the loan, the lender may force them to repay it by selling the property in question.

What happens when a lender sells a property?

Once the foreclosure process is complete, the lender most commonly sells the property at a public auction and uses the proceeds in order to recover their losses. If the sale of the property does not amount to as much as the lender is owed, the borrower may be required to make up the difference.

What is mortgage servicer?

A mortgage servicer is a company that handles loan accounts. Sometimes, the original owner of the loan (the lender) or a bank that the lender sells the loan to (an investor) services the loan. Other times, the lender or investor transfers the right to manage the loan account to a different company. That company then handles the account on behalf ...

What to do if you are facing foreclosure?

If you're facing a foreclosure and you believe it's due to a servicer error, it is recommended that you contact a foreclosure attorney immediately to get advice about your particular circumstances. Just sending a letter to the servicer probably won't be enough to stop a foreclosure.

How long does it take for a servicer to acknowledge a loan error?

If you send a servicer a notice of error—a letter saying that the servicer made a particular error when handling your loan account—the servicer has to acknowledge the letter within five business days and fix the error within a certain time period. (12 C.F.R. § 1024.35.)

How long does a servicer have to respond to a notice of error?

If you say the servicer didn’t give you an accurate payoff statement after you asked for one, the servicer has to respond no later than seven business days after getting your letter. Wrongful foreclosure.

What is a request for information?

Request for Information: Getting Details About Your Account. If you think the servicer might have made a mistake—but you aren’t sure and need more information about some aspect of your account—you may send the servicer a letter asking for details about your account.

What is McFarlin LLP?

With something as important and potentially significant as a deed of trust or mortgage dispute, it is essential to have only the best real estate attorneys representing you. McFarlin LLP attorneys have handled hundreds of real estate litigation matters relating to mortgages, deeds of trust and many other controversies. We provide cost-effective and affordable solutions for real estate problems. Oftentimes, we are brought in to recover title after a wrongful foreclosure sale, or sue for damages.

What is a deed of trust?

As described above, a deed of trust is distinct from a mortgage contract, but the two often work together. A deed of trust incorporates a third party to the transaction or relationship, known as the trustee.

What to do if you are facing foreclosure?

If you're facing an imminent foreclosure sale, talk to an attorney right away. Sending the servicer a notice of error or request for information is very unlikely to stop a foreclosure. An attorney can advise you about what to do in your situation and help you enforce your rights.

What is RESPA in mortgage?

Fortunately, a federal law, the Real Estate Settlement Procedures Act (RESPA), provides a way for you to make the servicer correct the error if you believe it made a mistake when managing your mortgage payments. This law also gives you a way to get specific information about your account. Whether you want to notify the servicer about an error ...

How long do you have to respond to a foreclosure notice?

How much time the servicer gets to respond to your notice of error depends on the type of error that you claim the servicer committed: 1 If you claim that the servicer didn't provide an accurate payoff statement after you asked for one, it must respond no later than seven business days after receiving your letter. 2 If you claim that the servicer wrongly started a foreclosure or improperly scheduled or conducted a foreclosure sale, it must respond before the foreclosure sale date or within 30 business days after it receives your letter, whichever is earlier. 3 If you claim a different type of error, the servicer must respond within 30 business days after it gets your notice.

How long does a servicer have to respond to a notice of error?

How much time the servicer gets to respond to your notice of error depends on the type of error that you claim the servicer committed: If you claim that the servicer didn't provide an accurate payoff statement after you asked for one, it must respond no later than seven business days after receiving your letter.

What happens if you send a letter to notify the servicer of a particular error?

If you send a letter to notify the servicer about a particular error that it made when managing your loan, the servicer must correct the error, provide notification of the correction, and give contact information for you to follow up, or let you know that no error occurred along with the reasons for this conclusion.

What to do if a servicer doesn't respond to a notice of error?

If the servicer doesn't respond to your notice of error or request for information or if the servicer disagrees that it made an error or refuses to provide you with certain information, consider consulting with a lawyer. If you're facing an imminent foreclosure sale, talk to an attorney right away.

What is a request for information?

A request for information can be useful if you're unsure whether the servicer made an error and want to get information about your account to help you make this determination. For example, you might want to see the servicer's records regarding your payment history.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is IP law?

1. Intellectual Property (IP) Lawyers. Any original creative, scientific, or technical invention which may benefit the public has to be protected ...

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What is a personal injury lawyer?

This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.

What are the issues that require a civil litigation lawyer?

Real estate matters that might require a civil litigation lawyer include commercial developers, injuries, and condominium laws, to name a few. You may need to reach out and contact an experienced civil litigation lawyer who is familiar with real estate disputes and find out their success rate.

What is civil litigation lawyer?

The kinds of cases they handle covers a wide range of possibilities. A civil litigation lawyer is one who deals with disputes between two parties.

What is an employment dispute?

When one has been let go from a position, it is the livelihood of an individual, and possibly an entire family. A civil litigation attorney wants to know both sides of the story and find a fair, just resolution.

What is the emotional impact of family disputes?

Disputes among family members can be extremely emotional and intense. Feeling run deep and the people involved in a dispute often share long years of history. Feelings and resentments are apt to come out in a dispute, making the cause of the dispute

1 attorney answer

A litigation attorney with a construction practice background might help you. Click the Lawyer Search link at the top of your screen, enter the city and type of dispute, and you may find someone on Avvo. Good luck.#N#More

Alan James Brinkmeier

A litigation attorney with a construction practice background might help you. Click the Lawyer Search link at the top of your screen, enter the city and type of dispute, and you may find someone on Avvo. Good luck.#N#More