Find the right lawyer now

Mortgage Claims Attorneys

Find a Local Real Estate Lawyer near You

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 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: 07-22-2015 04:51 PM PDT

Law Library Disclaimer
  • No fee to present your case
  • Choose from lawyers in your area
  • A 100% confidential service
What is LegalMatch?

We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.