Although most loan servicers have checks and balances to reduce errors, they can and do make mistakes. Similar account numbers and payee names can be the source of errors. Exorbitant late fees are a tactic some lenders use to try and force homeowners to pay on time. They may also attempt to charge fees that are not legally allowable. It is critical that you keep every written notice, email correspondence, and certified letter between you and the lender.
Every state has laws and regulations regarding the procedure for processing foreclosures. Lenders who don't follow those procedures can be vulnerable to litigation from homeowners. It may take an experienced lawyer, familiar with foreclosures law, to determine the seriousness of the lender's errors.
Your original lender may sell your loan, in a package with others, at some point. This can get complicated, and previous lenders have begun foreclosure proceedings against homeowners whose loans they no longer hold. If you suspect this is happening to you, you should contact a lawyer to make the previous lender suing you prove ownership of the loan.
Those in the military have special protection against foreclosure actions. If the home loan was taken out before the homeowner went on active duty, the servicer can't begin foreclosing without a court order. Your lawyer can explain how the Servicemembers Civil Relief Act works and how it protects the military and their families.
Dual tracking was a common practice for many years. It occurred when a homeowner applied for a loan modification and, while the lender was in the process of evaluating the application, the loan servicer also continued to process the foreclosure. It is illegal to do this now. Stalling the loan modification application is another technique some lenders use. You will need a lawyer to represent your interests against these practices.
A lot of delinquent homeowners believe once the lender starts foreclosing, they have to leave the property. This is incorrect. Until the foreclosure proceedings are officially completed, the home is still yours. If you want to live there, you can. In some states, the rights of redemption laws make it possible for homeowners to live in foreclosed homes for years. You probably don't need a lawyer in this instance unless the lender attempts to remove you or changes the locks.
Owning a home is a dream come true for many. That makes losing it doubly difficult. If you are the victim of a loan servicer's error or some illegal practice on the part of the lender, a good lawyer may be able to help you save your home,
About the Author:
No comments:
Post a Comment