how do i find a lawyer to sue my mortgage company

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

How do I file a lawsuit against a mortgage company?

You start a lawsuit by filing a “complaint” in court. In the complaint, you identify the defendant (the mortgage lender, real estate agent, etc.) and explain the facts that led to the lawsuit. You will also request what you want the judge to do (for example give you money).

Can I sue my mortgage lender?

Additionally, you may be able to sue your mortgage lender if they or one of their officers negligently made false representations in order to induce you into making an otherwise unreasonable loan. Should I Hire an Attorney if I have a Mortgage Lender Dispute?

What to do if your mortgage lender discriminates against you?

Consequently, if you believe your mortgage lender has discriminated against you, you may have a valid legal claim. If you have a dispute with your mortgage lender, you will first need to review your original loan documents to understand your rights against the mortgage lenders.

Can I sue a company in small claims court without a lawyer?

DoNotPay is a useful tool in suing any company in small claims court without a lawyer. Check out the following companies that DoNotPay has helped sue:

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.

How do I fight my mortgage company?

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.

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.

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.

How do I write a complaint letter to a mortgage company?

Describe the issue or the question you have and/or what action you believe the lender should take. Attach copies of any related written materials. Describe any conversations with customer service regarding the issue and to whom you spoke. Describe any previous steps you have taken or attempts to resolve the issue.

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 sue a mortgage broker?

Can You Sue Your Broker? Yes, you can sue your broker if you have had losses in your financial account. There are two primary ways of suing your broker: filing a suit or filing an arbitration. Keep in mind that you cannot simply sue your broker and be successful in doing so if you have suffered financial losses.

What can I do if I hate my mortgage company?

If you're unhappy with your servicer, you'll need to refinance to a new loan, using a lender that does not work with that servicer. However, the new loan could be sold to your current servicer eventually, so it's not worth refinancing just to change who manages your loan.

Is not paying mortgage a crime?

Mortgage fraud is a serious offense and can lead to prosecution and jail time for convicted offenders. Under U.S. federal and state laws, mortgage fraud can result in up to 30 years in federal prison, and up to $1 million in fines.

Can a loan officer override an underwriter?

Though you can't usually speak directly to an underwriter, your loan officer should give you a clear reason for the denial. You'll have a short time to try to overturn the denial — it doesn't become official until the lender issues a denial letter.

What are red flags for underwriters?

Red flags for underwriters are issues that arise during processing and are questionable. Different types of underwriters have their red flags to look out for, but in general, underwriters are tasked to find suspicious discrepancies in applications to better assess financial risks.

Can you talk 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.

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 to do if you have a dispute with your mortgage lender?

If you have a dispute with your mortgage lender, you will first need to review your original loan documents to understand your rights against the mortgage lenders. This is because these documents will contain relevant information regarding your ability to pursue legal action, such as your obligations under the contract, as well as the lender's duties and responsibilities. Once you gather all of this paperwork, you can then contact the mortgage lender and see if they can resolve the dispute you have with them. If that does not work, you can then:

What to do if you cannot settle a mortgage dispute?

Head to trial. If you and the mortgage lender cannot settle this dispute, you may need to head to trial to get your issues resolved.

Can you take legal action against a mortgage lender?

However, most contracts will require that you exhaust all of your available administrative remedies before pursuing legal action against your mortgage lenders. As a result, you must keep solid documentation of all the communications you had with the lender.

Can you sue a mortgage company?

In most instances, a lawsuit against the mortgage lender will be based on a breach of contract, where you seek compensation for the losses you suffered or other specific performance under the contract.

Can you sue a mortgage lender for negligence?

However, if these situations are due to your mortgage lender's negligence, you may be able to pursue a legal claim against them and go after the financial recovery you are entitled to in this situation. Better yet, you will not have to hire an expensive attorney to do so.

How to file a lawsuit against a real estate agent?

Draft a complaint. You start a lawsuit by filing a “complaint” in court. In the complaint, you identify the defendant (the mortgage lender, real estate agent, etc.) and explain the facts that led to the lawsuit. You will also request what you want the judge to do (for example give you money). [14]

Where to report fraud in real estate?

Report fraud to the bureau of real estate. If you worked with a real estate agent or broker who you feel defrauded you, you can file a complaint with your state's agency that regulated real estate. In California, for example, it is the Bureau of Real Estate within the Department of Consumer Affairs.

What is the FTC complaint?

File a complaint with the Federal Trade Commission (FTC). The federal government also provides a forum for you if you have been defrauded on a mortgage. The FTC will field complaints and will investigate them for you. To file a complaint with the FTC:

What is mortgage fraud?

Generally, mortgage fraud occurs when an institution or person misleads or deceives you into entering a misguided loan so that they can make additional profit. The institution or person can be a bank, lender, appraiser, mortgage broker, real estate broker, or other individual.

How to file a complaint against a person?

To file a complaint, most states will have a paper form or online form for you to fill out. You will need to provide your information, information about the person you are complaining against, any documents that substantiate your claim, and a description of your problem.

What is the job of the Attorney General?

The attorney general is responsible for protecting consumers and being the chief attorney for the people of their state. In California, for example, the attorney general expanded the prosecution of mortgage-related fraud after the debt crisis in 2008. They also established a task force to investigate these frauds.

What is the phone number for a lawyer?

Their phone number is (202) 467-8716 or (844) 529-4357. The referral line is open Monday through Friday, 8:30 am to 5:30 pm. Once you have a referral, call the lawyer and ask to set up a consultation. Also ask how much the consultation will cost.

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 .

Should I Hire an Attorney if I have a Mortgage Lender Dispute?

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.

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 does a mortgagor do with a loan?

In exchange for the borrowed money, the mortgagor pledges the purchased home as security for the loan, often in the form of a real estate lien against the home . The mortgagor then makes payments to the lender in order to satisfy the terms of the loan that was made and pay off the lien. Once all of the obligations of the loan are fulfilled, the title to the home then transfers to the borrower.

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.

Can a mortgage lender be charged with fraud?

Additionally, mortgage lenders may also be charged with mortgage fraud, such as forging a mortgage contract. If a mortgage lender commits mortgage fraud, the mortgage borrower may use the mortgage loan fraud as a legal defense to foreclosure;

Can I sue my mortgage company for damages or file an injunction for misreporting payments and ruining my credit?

The bank that held my original mortgage when into receivership 2 years ago. The company that picked up the mortgage started sending letter that we had missed 5 months payment. I sent them proof of electronic payment from my bank for the months in question.

Answers

From what you have written, it appears that you have a factual and legal basis for bring a lawsuit against the lender of your home for damaging your credit by reporting that you have not made your payments on the mortgage where you have.