How do you file a wrongful foreclosure suit and what do I need to prove to win?

If you think your lender foreclosed on your house wrongfully, you should file a wrongful foreclosure suit against your lender. A wrongful foreclosure suit can be a long process depending on how much testimony and evidence there is and whether the lender is willing to admit they wrongfully foreclosed, or if they decide to try and win the suit. You should consult with a foreclosure defense attorney for advice. If your home has not been sold, then you will need to obtain an injunction to stop the sale. If the foreclosure sale already occurred, you can still file the suit and collect monetary damages if you win. To win, you need to prove either that your lender foreclosed wrongfully, there was misconduct by your lender, fraud, some type of irregularity or other unfair practices. If your lender accepted a partial payment or misapplied a payment, you have a good chance of winning the suit. Wrongful foreclosures typically occur when there is miscommunication between the borrower and the lender, or after a payment is received, or a payment is incorrectly posted or the lender did not recognize a mortgage modification or other payment arrangement that was agreed to between the borrower and the lender. 

You should hire a foreclosure defense attorney to determine if you have grounds to file a wrongful foreclosure action against your lender. The attorney can review your loan and foreclosure documents to determine your defenses. The attorney is an expert at wrongful foreclosure laws and can prepare the wrongful foreclosure documents and represent you in court.