Mortgage Violations

For many families and individuals, the act of buying a home signals the achievement of a dream. The pride and satisfaction that comes with home ownership justifies all of the hard work and savings required to qualify for a loan and make the dream real. Do not let your lender’s mortgage violations allow them to take your home away from you.

Protecting this significant investment is always a homeowner’s priority, and many assume that a positive payment history with the mortgage lender or loan servicer is enough to qualify for assistance if an unexpected job loss, medical emergency, or another dire financial circumstance occurs. First-time homeowners, in particular, may think the consequences of falling behind on mortgage payments are not signifcant especially with thier lender seemingly willing to work with them at first. But mortgage lenders may start to foreclose on a property at any point after the borrower’s account is in default. Often they start the foreclosure process while telling the borrower they are going to work it out with them. This dual tracking may be on of many mortage violations.

Borrowers who fall just a few payments behind can quickly find their account escalated to mortgage default status, since mortgage lenders do not generally allow payments for less than the full amount owed once the account is past due. It can also be difficult to resolve outstanding mortgage debt when the lender or loan servicer will not work with borrowers in a fair and ethical manner, or provide clear information about assistance programs that could help the borrower bring the account current.

While the mortgage industry likes to promote the fact that homeowners have options such as a loan modification and short sale when they can’t make their payments, the reality is that those options are too often limited by unfair policies and unethical business practices. Multiple lenders and loan servicers have been caught violating legal statutes against predatory lending practices in recent years, as well as federal laws regarding home foreclosure when dealing with borrowers and their past due balances. Their mortgage violations caused them to pay millions in restitution.

Mortgage violations may occur if your lender or loan servicer has done any of the following:

• Sent you a notice threatening foreclosure prior to your mortgage account being placed in default status
• Given you incomplete or inaccurate information regarding your repayment obligations under the loan terms, including actions that could result in default or foreclosure
• Failed to provide you with information on loan modification, short sale, or other borrower assistance programs that exist for your specific loan type and terms
• Failed to comply with U.S. Department of Housing and Urban Development guidelines requiring that borrowers of government-backed FHA and VA loans be provided with counseling and other assistance designed to help avoid home foreclosure
• Made misleading statements about lender requirements for borrower assistance programs verbally or in writing, or failed to gather information that could qualify you for such programs
• Delayed processing your application for loan modification or short sale, lost your application materials in whole or in part or disqualified you for such programs due to actions they suggested you take in order to qualify for acceptance (such as withholding payments to meet a certain default threshold)

It’s a shame when the joy of home ownership is spoiled by the actions of mortgage lenders or aggressive loan servicers that their systems create mortage violations to take away your home or harm your credit report. We believe borrowers should be treated with respect, and we’ll fight to protect your rights to your home.

If your lender or loan servicer refuses to respond to your request for help, burdens you with overly complicated paperwork or processes that are too difficult to understand, or has avoided discussing programs that could save you from foreclosure, we will hold them accountable.

When you hire the J. Gannon Helstowski Law Firm for Mortgage Violations:

An attorney and paralegal will be assigned to your mortgage violation case. Work will begin immediately and we will keep you informed of our progress. We do not waste time with form letters hoping for a response. We will contact your mortgage lender or loan servicer directly, obtain all payment records and other documentation needed, and begin negotiating favorable terms to resolve your mortgage debt.

Your lender or loan servicer will no longer contact you. Once you hire an attorney, the law states that creditors and their debt collectors must speak and deal only with your attorney. This means that letters and phone calls should go to us. You will no longer have the burden of calling and writing your mortgage lender or loan servicer in an attempt to get help.

If you have received a foreclosure notice, we will quickly address it. If your lender or loan servicer has already taken steps to foreclose on your home, we will immediately begin working to stop that process. We will negotiate to resolve the situation as soon as possible

Your rights will be protected. If we discover that your lender or loan servicer has taken actions against you that violate federal statutes or consumer protection laws, we will use every legal means required to address the situation. You can even be compensated for Mortgage Violations that caused you harm.   We can even file a lawsuit on your behalf if necessary.