Can I really sue my mortgage company for violating RESPA?
“Can I really sue my mortgage company for violating RESPA?”
One of the questions that may come to mind is, “Can I really sue my mortgage company under RESPA?” The answer is “Yes” — if your mortgage company has violated RESPA then you can sue and that may stop a foreclosure against you.
RESPA is a powerful law.
It’s very helpful when you’re facing foreclosure, and especially if the mortgage company has made any mistakes.
Usually they do make mistakes, or at least they make things confusing.
Maybe the mortgage company forecloses on you which violates the dual tracking prohibition when you are in the middle of loss mitigation.
There are many issues that you could be dealing with.
If the mortgage company violates RESPA, you can sue them.
Which is very powerful, because for every violation of RESPA, the mortgage company has to pay up to $2,000 in “statutory” damages even if you can’t show any actual harm. This is to discourage your mortgage company from violating the law.
Under a similar law, Truth In Lending, they will have to pay up to $4,000 per violation.
We have cases where there are 10, 20, 50, even 100 violations.
That starts to add up.
In addition to having to pay for violations, the mortgage company may also have to pay actual damages.
You can get mental anguish and money damages.
You can also get attorney’s fees.
Other resources that can help you.
You can go to ForeclosureDVD.com, where there are four videos and a workbook available free of charge.
You can slo go to RESPAVideo.com, where we have an hour long video that covers the types of letters and documents you send to your mortgage company in detail and you can download form letters if you want to send your mortgage company letters to try and set things straight.
Both the video and downloads are free of charge, just enter your name, email and phone number.
Feel free to get in touch with us.
If you live in the state of Alabama and you have more questions that you need answered, feel free to contact us.
You can reach us by phone at 1-205-879-2447 and ask for Carolyn, or you can fill out a contact form and we will gladly get in touch with you.
I look forward to chatting with you soon!
Have a great day.