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Still Fighting Foreclosure

If you have been fighting foreclosure and are frustrated that the banks are still not following proper procedure, you are not alone. According to an article posted in 2013 by the Huffington Post, almost a third of all foreclosed borrowers facing foreclosure proceedings nearly lost their homes due to potential bank errors or now unlawful (based on current laws) proceedings.

We've been fighting foreclosure on our home for 4 years with no end in sight. We didn't know we had the option to sue our bank for the misconduct and improper procedures that have taken place. Now I feel like I'm on a level playing field and can protect my home and family!

Unlawful Foreclosures. Where is the End?

Dept. of Justice Office of Public Affairs issued a press release February 9, 2015 that listed a settlement of over $123 million for unlawful foreclosures under the Service Members Civil Relief Act. Acting Associate Attorney General Stuart F. Delery stated: “These unlawful judicial foreclosures forced hundreds of service members and their families out of their homes.”

Help Sue Our Bank!

Talk to our foreclosure defense attorneys or litigation firm attorneys: You can speak directly with an attorney to learn the merits of your case. Discuss your concerns with a professional, who understands which actions from your lender are actionable vs which would cost you money with small yields. A case well prepared by a foreclosure attorney can finally get the attention of the lender or bank you have been wrestling with for years, opening the door for negotiation!


Why Can I Sue My Bank?

Lender Didn't Follow Proper Foreclosure Procedure

Trivial violations such as name misspelling may be overlooked by judge, but major mis-steps such as failure to publish notice in the required time period or other mistakes in which the judge finds you were harmed may mean stay of foreclosure.

Lender/Bank did not follow Note or deed of Trust Terms of Foreclosure

The Financial instrument, Note or deed of trust usually contains an acceleration clause. This clause contains the terms under which foreclosure may be processed. If the terms are not adhered to, it may be considered reason to stop the foreclosure. It may not prevent a new foreclosure process to be started, but it can allow enough time to pursue alternative resolutions to a default.

Foreclosing party cannot prove mortgage ownership.

Only the owner of the mortgage or a proper assignee has the right to foreclose. In recent years, courts have determined that note and mortgage ownership must be unbroken. You may have heard of MERS (Mortgage Electronic Registration System) in recent years. Many mortgages that were transferred electronically, were never properly recorded and it may be impossible to prove who has the right to foreclose.

Mortgage Servicer made an error.

It happens. The representative quotes the wrong reinstatement amount, or bases the time for reinstatement on company policy and not on your state law. If the amount to reinstate is not reasonable, due to additional fees charged by your bank or mortgage lender, you may be able to sue to gain time and more attainable reinstatement amount.