The Difficulties of Mortgage Litigation

By: Timothy McFarlin | Published: May 7th, 2014 | Category: Mortgage Litigation

There are few experiences as stressful and life altering as having your home taken away. If you are one of the many Orange County families who are at risk of losing their home, it is important that you learn about your legal options. It is possible that you simply fell behind on payments and that your lender is acting within the law to recover lost finances. It is also possible that you are the victim of improper lending practices.

The actions of mortgage lenders and services have come under great scrutiny in recent years, and for good reason.  You may have a legal claim if you have been mistreated or taken advantage of.

Examples of wrongdoing that can lead to mortgage litigation include:

  • Billing a higher payment than promised
  • Charging a higher interest rate than agreed upon
  • Including undisclosed and unexpected finance charges
  • Billing for junk fees such as document fees and settlement fees
  • Enforcing prepayment penalties
  • Using different loan terms than promised

In addition to wrongful lending practices, some companies even fail to follow proper foreclosure procedures. Foreclosure wrongdoing may include a failure to provide payoff figures or a refusal to discuss foreclosure alternatives. Some lenders provide misleading foreclosure notices and fail to communicate with the homeowner. In such cases, it may be possible to file a wrongful foreclosure case and to stop the foreclosure process.

Mortgage litigation can be a complicated process, but it is often necessary to prevent a foreclosure. Lending companies tend to move quickly on foreclosure cases, but this rush to foreclose can be stopped. An Irvine mortgage litigation attorney can help show the judge what happened and why the foreclosure should be halted.

Predatory lending practices are relatively common in Orange County. If there is any chance that you have been mistreated, lied to, or wrongfully billed, do not hesitate to research your legal options. You may be able to stop your foreclosure and hold the lender accountable for their wrongdoing.

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