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What Is a Mortgage Settlement?

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What Is a Mortgage Settlement?

A mortgage settlement generally refers to legal remedies in a mortgage lawsuit. In many cases, the judge may make a ruling and determine the legal damages in a mortgage/foreclosure claim. One party may have to pay the other for losses caused by issues like mortgage default or mortgage fraud.

In some cases, the parties may be able to work out negotiations that involve compensation. They may decide to negotiate an agreement in terms of financial reimbursements on the mortgage. This is known as a mortgage settlement. It is similar to settlements in other areas of law such as personal injury law.

What Is Agreed upon in a Mortgage Settlement?

Mortgage settlements may involve agreements such as:

  • Repayment schedules
  • Total amount of the debt to be repaid
  • Interest rates
  • Second or third mortgage issues

Thus, mortgage settlements may be advantageous to both parties. They can involve lengthy and costly court proceedings. Also, the debtor may be able to avoid bankruptcy filings and negative credit scores.

When Is Mortgage Settlement Available?

On the other hand, mortgage settlements are not always available. It depends on the willingness of the parties to negotiate with one another. In many instances, the mortgage lender may not be willing to rework a contract with the debtor. They may decide to pursue legal action and force the debtor to repay according to the original lending terms.

If the borrower is unable to meet these demands, they may need to sell their home or other property in order to meet the debt requirements. The court may end up placing a lien on property and claiming title to have it transferred or sold in favor of the lender.

Lastly, mortgage settlements are not available if laws and regulations prohibit them, or if previous agreements between the parties prevent them from doing so. Mortgage

Do I Need a Lawyer for a Mortgage Settlement?

Mortgage settlements can help shorten the overall legal process and can help the parties cut down on legal expenses. A real estate attorney is generally required during the settlement process, as the parties will be engaging in detailed negotiations. You may wish to hire a lawyer for help with a mortgage settlement. Your attorney can represent you if you need to file a claim and can also assist with negotiations.

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 07-05-2018 05:22 PM PDT

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