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If your home is in foreclosure or you are considering letting your home go into foreclosure, it is possible for you to retain possession of your home regardless of whether you are capable of making the mortgage payments for a period of time due to violations of Federal Law by the mortgage company.

Federal laws such as the Truth In Lending Act (“TILA”) and the Real Estate Settlement Procedures Act (“RESPA”) are violated daily by lenders and mortgage companies. These laws are in place to protect homeowners, but they have been largely disregarded by servicers and mortgage companies during the home buying frenzy of the last five or more years.  Due to these types of technical violations, your loan is probably unlawful, and you may be entitled to substantial damages whether or not you're currently in foreclosure.

In addition to avoiding foreclosure, the Truth In Lending Act also can enable you to avoid bankruptcy and it puts money in your pocket. Once TILA and/or RESPA violations are discovered in your loan documents and Paladin Legal Advocacy Center files initiates a lawsuit on your behalf, your lender will be eager to discontinue the unlawful foreclosure process and settle the dispute.  The most likely form of settlement is a loan modification on terms that are attractive to the homeowner/borrower.

Litigation to Effect a Loan Modification

The Federal Truth in Lending Act is a very specialized area of law, and only a few attorneys in the country are able to take on mortgage companies in this regard. Paladin Legal Advocacy can help qualifying avoid foreclosure by using litigation.  Most loans will qualify for our program, but time is critical. We need time to fully analyze and evaluate your mortgage documents and then prepare the lawsuit. Here is an overview of how our program works:

  • We scrutinize the mortgage documents you received upon the closing of your loans(s) and look for TILA, RESPA and/or HOEPA violations by your lender. Nearly every loan has at least some violations.
  • We immediately file a Federal lawsuit on your behalf, and place a Lis Pendens on the property to stop foreclosure (if applicable) and begin litigating your causes of action against the lender(s).
  • We reach a settlement agreement with the lender (most cases) or continue on to trial (rare situations) and demonstrate to a judge or jury how the lender has willfully failed to comply with Federal Law.
  • It is NOT a requirement for you to make mortgage payments while the lawsuit is pending, and it is also unlawful for the lender to report negative information about you to the Credit Reporting Agencies while the lawsuit is pending under the Fair Credit Reporting Act.
 
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