what kind of lawyer do i need to dispute my mortgage?

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What can a mortgage attorney do for me?

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. Post Your Case - Get Answers from Multiple Real Estate Lawyers Last Modified: 2019-09-10 19:26:47

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

Disputes with a mortgage lender may sometimes require legal action to be resolved. If you feel that you may have a dispute with a mortgage lender or lenders, you should try to take the following steps: Collect other documents - you should gather all the documents related to the mortgage agreement and the home sale.

What are the legal issues when dealing 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 remedies are available, should a party breach the contract.

How does a mortgage foreclosure attorney Sue your lender?

Our mortgage foreclosure attorney will sue your lender by preparing a summary of facts showing the judge the homeowners’ story and by drafting the legal arguments showing how the lender violated the law. Dual tracking – moving forward with foreclosure while simultaneously offering to modify the loan.

How do you dispute a mortgage?

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.

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.

Do mortgage lenders look at disputes?

But the truth is, when it comes to getting a mortgage, lenders don't like to see disputed accounts because it shows a potential for future liabilities that may impact your ability to repay the mortgage. Therefore, disputed accounts must be removed from the dispute status before you can seal the deal with the home sale.

Do mortgage companies make mistakes?

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 609 dispute letter?

A 609 dispute letter is a letter sent to the bureaus requesting this information is actually not a dispute but is simply a way of requesting that the credit bureaus provide you with certain documentation that substantiates the authenticity of the bureaus' reporting.

How do I write a 609 letter?

How to Write a 609 LetterStep 1: Get your free credit report. Before writing a 609 letter, request a free copy of your credit report online to check it for any erroneous negative items. ... Step 2: Write your 609 letter. ... Step 3: Mail your 609 letter via certified mail with a return receipt.

Does disputes hurt your credit?

Filing a dispute has no impact on your score, however, if information on your credit report changes after your dispute is processed, your credit scores could change.

Can removing disputes hurt your credit?

A dispute comment is directly related to the credit store. A negative account will most likely cause a huge decrease in the credit score if that dispute comment is removed.

How long does it take for a dispute to be removed?

It can take up to 30 days for a disputed item to be removed from your credit report, assuming your dispute is valid. This is the maximum amount of time for a response from the credit bureau allowed by the Fair Credit Reporting Act.

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.

What is a notice of error mortgage?

(a) Notice of error. A qualified written request that asserts an error relating to the servicing of a mortgage loan is a notice of error for purposes of this section, and a servicer must comply with all requirements applicable to a notice of error with respect to such qualified written request.

What's the longest term for a mortgage?

A 25-year mortgage used to be the norm, but borrowers are increasingly looking into longer mortgage terms – up to 40 years – so they can get on the housing ladder. But there are repercussions – a longer term means you'll have to repay for longer, which could mean being mortgage-free is a long way off.

How do you write a professional dispute letter?

Your letter should identify each item you dispute, state the facts, explain why you dispute the information, and ask that the business that supplied the information take action to have it removed or corrected. You may want to enclose a copy of your report with the item(s) in question circled.

How do I write a letter to a mortgage company?

How to write a letter of explanationThe lender's name and address.Your name and your application number.The date you're submitting the letter and expected closing date (if you know it)A short statement that helps an underwriter fully understand your situation in regards to the reason for concern.More items...•

How do I write a notice of dispute?

Notice of disputeDescription of the dispute. [Describe the dispute as you see it.]Impact of the dispute. [Describe how the dispute has affected you.]Action already taken to resolve the dispute. ... Proposed solution. ... Who to contact about this notice.

How do you write a strongly worded complaint letter?

Tips for writing a successful complaint letterStructure. ... Address the letter to a real person. ... Be honest and straightforward. ... Maintain a firm but respectful tone, and avoid aggressive, accusing language. ... Include your contact information. ... Tell them what you want. ... Do not threaten action. ... Keep copies and records.More items...

3 attorney answers

You need to obtain a written statement from the lender specifying what payment was missed. I presume this is not yet in litigation. If not, you should be able to determine at such time from the lender's response and with your evidence of payment what the facts really are. Hopefully the lender will relent upon recent of your evidence of payment.

Thomas Michael Johnston

You need to obtain a written statement from the lender specifying what payment was missed. I presume this is not yet in litigation. If not, you should be able to determine at such time from the lender's response and with your evidence of payment what the facts really are. Hopefully the lender will relent upon recent of your evidence of payment.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What is family law?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

Do lawyers handle different types of cases?

There are many different types of lawyers that handle many different types of cases. Some cases may even overlap practice areas. Most lawyers have experience with a variety of cases and will be able to help you with your needs. Despite the prevalence of “lawyer jokes”, lawyers are service oriented and look out for the best interest of their clients.

Can a lawyer work in a law firm?

Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.

What to do if your mortgage servicer makes an error?

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. Your servicer may be able to help you over the phone.

How to write a letter to a mortgage company?

If you submit a letter, remember: 1 To include your name, home address, and mortgage account number. Use the name that is on your mortgage. 2 To identify the error or information. Tell your servicer exactly what error you believe occurred, or what information you’re requesting. 3 Not to write your letter on your payment coupon or other payment form. You might not get the same protections. 4 To mail the letter to the right address. A mortgage servicer may use a special address for borrowers to send requests to correct errors or request information. You generally should be able to find this address in a notice from your servicer, on your monthly mortgage statement or coupon book, on your servicer’s website, or by calling your servicer. If your servicer uses a special address, you must send the letter to that address.

How long does it take for a mortgage servicer to respond to a request?

Your mortgage servicer must send you a letter informing you that it received your letter within five days (not including weekends and legal public holidays) of receiving your letter. Generally, your mortgage servicer must respond with an answer to the error or information request within 30 days (not including weekends and legal public holidays).

Do you have to respond to a foreclosure notice before foreclosure?

If the error you are writing about has to do with the servicer improperly starting the foreclosure process, moving for a foreclosure judgement or order of sale , or conducting a foreclosure sale , then generally the servicer must respond to your notice of error before the foreclosure sale.

Can a mortgage servicer help you over the phone?

Your servicer may be able to help you over the phone. See your monthly mortgage statement or coupon book for the phone number. However, to guarantee yourself a timely written response, you should write to your servicer and send it to the address provided by the servicer for such requests.

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 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.

How long does it take for a mortgage servicer to respond?

When the servicer must respond sooner. The servicer must provide the information you requested within ten business days if you're trying to find out the identify, address, or other contact information for the owner of your mortgage loan.

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 ...

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.