Foreclosure, Legal Aid, Bank Fraud
Are you a victim of a Predatory Lending Mortgage Foreclosure?
Help is available to borrowers who have claims against their lenders for violating the Truth in Lending Act and other laws regulating credit transactions. Such violations may be a defense to a mortgage foreclosure. If there is a violation, you may be able to void the mortgage and apply 100% of your payments to principal. You may also be able to recover money damages.
Legal Aid: You Can Stop Foreclosure
and Put the Lender on the Defense
To recover on a promissory note, the plaintiff (the Lender in the case of foreclosure) must prove:(1) the
existence of the note in question; (2) that the party sued signed the note; (3) that the plaintiff is the owner or holder of the note in
due course; and (4) that a certain balance is due and owing on the note.
In handling mortgage foreclosure cases around the country, attorneys and paralegals should be aware that in addition to your state mortgage foreclosure laws, which is the main statute that is relied on by attorneys defending a foreclosure suit, a variety of defenses exist at both at federal and state levels. These statutes, however, focus more on the lending practice of the lender rather than on the ability of the client to pay. Volunteers should therefore pay attention to the nuances between laws listed below and figure out whether the mortgage company has engaged in illegal lending practices.
State Foreclosure Information
If you develop a definite plan of action with well-timed, well-informed steps, you can stop the foreclosure process and save your home. To learn about your state's foreclosure process, click on your state below.
HUD: Predatory Lending
Are you a victim of predatory lending practices there are Federal agencies that can help. ...
A federal statute known as the Fair Debt Collection Practices Act (often called the "FDCPA") gives you specific legal rights to sue debt collectors who unlawfully threaten, berate, intimidate or harass you; call you during odd hours, make false representations about the the debt or their intentions, or otherwise act in ways prescribed by the act (and their are many).
Sample Legal Documents
Click on item below to open:
Motion to Lift Automatic Stay
Sample Motion for Foreclosure by Sale
Sample Motion to Reopen
For more information see:
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