If a lender tries to foreclose unlawfully can we file suit?

Many homeowners are discovering that their lenders have committed wrongful foreclosure and are taking action.  You can sue your lender or loan servicer for wrongful foreclosure if you can prove they illegally and fraudulently foreclosed on your home, committed predatory loan practices or violated mortgage lending laws or disclosure laws.  Typical wrongful foreclosure claims against lenders/loan servicers include the following types of claims:

• Mistakes and errors in loan documentation
• Mishandling escrow accounts
• Lying or deceptive loan practices regarding interest rates and loan terms
• Mistakes on applying mortgage payments
• Failure or refusing to communicate with the borrower or their representative regarding the loan
• Unnecessary forced place insurance
• Excessive fees or charging unauthorized fees
• Ignoring Chapter 13 reorganization plans
• Errors in procedure of how the foreclosure was conducted
• Not complying with state foreclosure laws
• Violation of RESPA, TILA, and other state and federal consumer protection laws 

If you are a victim of wrongful foreclosure by your lender, you may be entitled to seek damages, obtain a restraining order if the lender has started foreclosure proceedings to stop the proceedings or obtain an order setting aside a foreclosure if the lender has already foreclosed.  You should speak to a foreclosure defense attorney to determine if your lender has wrongfully foreclosed on your home or violated lending laws and disclosure laws regarding your loan.  Your attorney can conduct a forensic loan audit and use the information to negotiate a favorable outcome for you with your lender.  The attorney is kowledgeable about foreclosure laws in your state and can advise you of all your options.