You have options to sue the mortgage company both before and after an illegal foreclosure.

“How do I use the new RESPA rules when doing a loan modification with my mortgage company?”

When you are dealing with the mortgage companies (Bank of America, Chase, Citi, Ocwen, Wells Fargo, etc) and you are trying to get a loan modification, it can be a nightmare. If not worse. Let’s talk about the typical process, then how this has changed under the new RESPA (Real Estate Settlement Procedures Act), and several practical steps you can take in order to improve your odds of being successful in getting a fair modification.   The old way of… (Read more)

For Ocwen — Where do I send a request for information or notice of error?

Under the new RESPA laws as of January 10, 2014, we have the ability to send a “request for information” or “notice of error” to our mortgage company. If you have Ocwen Loan Servicing, LLC, then you can look on the back of your bill and you will find the address to send these types of notices. You always need to verify it but as of now it looks like this is the address to use: Ocwen Loan Servicing, LLC… (Read more)

4 steps to success in getting a loan modification and avoiding foreclosure

If you are falling behind on your mortgage, or you are even facing foreclosure, then you need to take immediate action before it is too late.  Often the solution is to get a “loan modification” so your payments will be affordable. Unfortunately many people do not understand the steps to take to be successful in getting a loan modification. Here are four steps to help you.  By the way I was talking with a friend and a client who said… (Read more)

The dirty secret of hiring a great lawyer

The dirty secret is it is very difficult knowing for certain that you have found a good lawyer to represent you in whatever legal matter you have.  (At the end of this lengthy article I talk about how my family made the decision on hiring a lawyer as this might be helpful to you). I know this sounds like a crazy thing to say, since I’m a lawyer who clients hire to represent them, but it is the truth. The… (Read more)

Why mortgage companies (servicers) are so willing to violate RESPA — they “know” you won’t sue

Because they don’t think you will know they violated the law, and even if you do, they are banking on the fact that you won’t do anything about it. And even if you do take some action, it will be the wrong action. Let’s look at the mindset of the mortgage companies to understand why they will violate the new RESPA/CFPB laws. Their research shows that for every 1000 violations of the RESPA laws related to mortgages, only 10 consumers… (Read more)

“What is this 120 day prohibition on foreclosures in Alabama?”

As of January, 2014, we now have some wonderful new federal laws that prevent a foreclosure in Alabama from occurring until you are 120 days behind. Previously, before these new laws, you could be foreclosed in a matter of just a couple of months in Alabama. You would be set a default letter, which would give you 30 days to correct any default or way that you had allegedly violated the contract. If you did not cure the default than… (Read more)