Mortgage Litigation

Mortgage Litigation Attorneys

The purchase of a home is an exciting, and memorable experience, however, it can also be heartbreaking and devastating when that home is taken away. Many times the mortgage payment or rate turns out to be higher than what was promised or what was expected. The mortgage industry has been under great scrutiny in recent years for improper loan origination disclosure including the following:

 
  • Higher Payment than Promised
  • Higher Interest Rate than Promised
  • Undisclosed Finance Charges
  • Junk Fees (settlement fees, document fees, etc.)
  • Different Loan Terms than Promised (adjustable vs. fixed)
  • Prepayment Penalties
  • Escrow Account Abuses

Stop Wrongful Foreclosure

In addition to improperly originating loans, to add insult to injury, many mortgage lenders today routinely foreclose without following proper foreclosure procedures. Some common mistakes made in the foreclosure process include:

  • Improper Notice to the Homeowner
  • Failure to Provide Payoff Figures
  • Failure to Communicate with Homeowner
  • Refusing to Discuss Foreclosure Alternatives
  • Refusing to Consider Loan Modification Request
  • Misleading Statements or Notices
  • Breach of Modification Agreement

Any of the above may give rise to a wrongful foreclosure case, which can often stop the foreclosure process and keep you in your home while the matter is being litigated. Only a qualified mortgage litigation attorney can properly evaluate your case; McFarlin LLP attorneys have handled countless mortgage litigation and wrongful foreclosure matters. We can help you.

Stop Foreclosure- Save Your Home

One of the main objectives of mortgage litigation is to stop foreclosure, or avoid foreclosure, and save your home. Stopping foreclosure is always a big part of the mortgage litigation process, but is not easy. Lenders will try and rush to foreclose, no matter how badly they have botched the foreclosure process. The truth is there are actually incentives in the law for lenders to foreclosure (even if it is wrongful) in that it extinguishes some causes of action the homeowner may have had.

McFarlin LLP has experience with this “rush to foreclosure” game and will immediately request the court issue an “injunction” to keep you in your home. Our process is simple: we lay the facts out for the judge and request relief from the lender’s foreclosure machine. Clients sometimes come to us only after their home has been foreclosed on. Although this makes the case more challenging, we can often still help and will work to get the sale “set aside.” In any event, time is critical, and the sooner you speak with one of our mortgage litigation attorney, the more likely we can help.

Real Foreclosure Help- Your Mortgage Litigation Lawyers

Our mortgage litigation department is here to offer real foreclosure help. Many “programs” today purport to stop foreclosure and help homeowners, but do nothing. McFarlin LLP has been helping families get real foreclosure relief for years, and we can help you. We stay updated on all possible ways to legally stop foreclosure and would be happy to discuss mortgage litigation and other foreclosure relief options you have. Our mortgage litigation and foreclosure attorneys are available to consult with you at no initial charge, call us today at (888) 728-0044, or email us.

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