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Mortgage Claims Attorneys

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What are Mortgage Claims?

Mortgage claims are legal proceedings involving the mortgage loan of a home or residential property.  They generally involve disputes between the homeowner who has taken out a mortgage from a lending company.  These types of lawsuits can sometimes be quite contentious, as the homeowner can often stand to lose their home, while the mortgage lender might be losing payments (or may have already lost payments). 

What Types of Legal Issues are the Subjects of Mortgage Claims?

Mortgage claims can involve a variety of different legal issues and disputes.  This is because mortgages are complex financial arrangements that involve valuable property, and may involve multiple parties.  Some common legal issues involved in mortgage claims may include:

  • Disputes with a mortgage lender:  Mortgage lenders are subject to various legal restrictions and duties; violations of these can result in a lawsuit
  • Mortgage loan fraud:  The use of fraudulent or deceptive mortgage documents is common, especially among inexperienced buyers
  • Issues with mortgage loan documents:  These typically involve some sort of dispute over the mortgage contract, or over various provisions in the loan agreement
  • Subprime mortgage issues:  These types of mortgages have been the focus of much litigation in recent years
  • Liens:  Some mortgage disputes may end up with the mortgage lender obtaining a lien, which allows them to take possession of the property.  This is usually reserved for instances of non-payment or default on the loan

Also, mortgage claims can sometimes involve multiple parties.  For instance, if the homeowner has taken out a second or third mortgage, this can affect the way that the lawsuit proceedings are run.

What are Some Legal Remedies Involved in a Mortgage Claim?

Mortgage claims can involve a number of legal remedies.  These can include a damages award to cover losses, or an injunction (such as a requirement that the homeowner sell their home).  In some cases, a mortgage claim can assist a person who is struggling with payments.  Some claims may allow the parties to negotiate a new lending agreement to reflect recent changes in the homeowner’s situation.

Do I Need a Lawyer for Help With a Mortgage Claim?

Lawsuits over mortgage claims can often be very complex and challenging.  It is to your advantage to hire a qualified real estate lawyer if you need assistance with a mortgage claim.  Your lawyer can advise you of your rights and duties under the law, and can inform you of how to proceed with the claim.  Also, a qualified lawyer will be able to provide you with the necessary legal representation during the court hearings.  

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 06-06-2018 09:56 PM PDT

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