what type of lawyer can sue a mortgage company

by Ms. Millie Lueilwitz III 5 min read

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.Sep 10, 2019

Full Answer

Was your mortgage loan closed by an attorney?

It depends. Depending on your state’s laws, you may not be required to have an attorney at the closing. However, you can choose to have an attorney review your documents before closing. Technically, unless you hire an attorney to represent you at closing, no one else participating in the closing exclusively represents your interests.

Can I Sue my Mortgage Company for not reporting?

You cannot sue without first disputing the false information through the credit reporting agencies (Equifax, Experian, Innovis, SageStream, TransUnion, etc). If it gets fixed after your first dispute, that’s the end of the matter under the FCRA. But if it does not get fixed, and if the law has been violated, then you can sue.

How hard is it to sue an attorney?

If the companies do not do so, the bill empowers the state attorney general and cities to take legal action ... protection law — similar to those found in other states — to sue the gun manufacturer Remington Arms over its marketing practices.

Can a mortgage company foreclose on a property?

Mortgage agreements don’t dissolve when the homeowner passes away, and if the decedent’s estate fails to make the mortgage payments the bank has the right to foreclose on the house. Unfortunately, it’s not uncommon to see banks foreclose on a house that’s in probate.

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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 file a complaint against a mortgage company in Florida?

To submit a complaint, consumers can: Go online at www.consumerfinance.gov/complaint/ Call the toll-free phone number at 1-855-411-CFPB (2372) or TTY/TDD phone number at 1-855-729-CFPB (2372) Fax the CFPB at 1-855-237-2392.

Does a lawsuit affect mortgage?

Defendant Lawsuits and Mortgages Lenders rarely approve mortgage loans for borrowers that are defendants in lawsuits. Lawsuit defendants also risk significantly more if verdicts go against them. Judgments resulting from lawsuits can result in a lien being placed against a mortgage borrower's property, for one.

Can a mortgage company refuse payment?

Your mortgage company may refuse payment from you if they have started the foreclosure process. They may attempt to collect the full amount of arrears that you owe to bring your account up to date. If you go to court, you can force the lender to accept payments and start a payment plan to catch up.

Is it worth it to file a complaint with the BBB?

One good option is to file a complaint with the Better Business Bureau (BBB). The BBB helps consumers settle disputes related to sales, contracts, customer service, warranties, billings, and refunds every year. It accepts complaints even if the company that's harmed you doesn't belong to the Better Business Bureau.

How do I file a complaint against a loan company?

To file a complaint, you need to visit https://cms.rbi.org.in. After that, click on file a complaint link. CMS is accessible on desktop and there is app as well that you can use. Select the language from the dropdown and then 'File a complaint with ombudsman against an eligible regulated entity'.

Can you refinance if you are in a lawsuit?

Although it is possible to secure a mortgage while being involved in a civil lawsuit, the chances are slim. Many lenders view the financial obligations associated with a lawsuit as a credible risk.

How do you make money while waiting for a settlement?

How to Get Money While Waiting for a SettlementSpeak with Your Attorney About Your Pre-Settlement Funding Options. It's a crucial part of the process that you speak with your attorney about pre-settlement funding. ... Weigh Your Lawsuit Cash Advance Choices & Watch for Hidden Fees. ... Apply for Pre-Settlement Funding Today.

Do banks give settlement loans?

Traditional banks and credit bureaus do not give loans based on expected settlements. However, a settlement advance company will. If you win your case, the amount you were advanced, plus agreed-upon interest charges and fees, will go to the company.

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.

How many months can you go without paying your mortgage?

This includes most mortgages. Homeowners with federally backed loans have the right to ask for and receive a forbearance period for up to 180 days—which means you can pause or reduce your mortgage payments for up to six months.

What is a major consequence of failing to pay back a loan on time?

A significant drop in your credit score (as much as 110 points from just one missed payment) Trouble securing credit in any form for years to come. Difficulty locking in a good interest rate even if you're able to secure credit in the future.