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Category Archives: Wrongful Foreclosure

Seeking Attorney’s Fees for Wrongful Foreclosure

Mortgages often contain fee provisions that allow the lender to recover attorney’s fees in the event the lender has to bring legal action against the homeowner.  The fee provisions are often one-sided, however, and provide that the lender can recover fees, but say nothing about the rights of the borrower to collect attorney’s fees if […]

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Beware of a Wrongful Foreclosure Action

Sometimes lenders foreclose on a home for all the wrong reasons.  Liggio Law does not focus its practice on foreclosure defense. Instead, we represent homeowners who have been harmed by lenders who wrongfully bring foreclosure actions.  We often do this by bringing a counter-claim against a lender who has brought an improper foreclosure action against […]

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Lender’s Failure to Conduct Face-to-Face Interview with Borrower May Lead to Dismissal of Foreclosure Action

Home loans insured by the Federal Housing Authority (“FHA”) often contain language providing that the note which is secured by a mortgage “does not authorize acceleration when not permitted by HUD regulations …”  In the context of foreclosure actions, two regulations are of particular importance. Under 24 C.F.R. § 203.604(b), “[t]he mortgagee (i.e. the lender) […]

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Beware of Lenders Wrongfully Foreclosing on a Reverse Mortgage

A reverse mortgage allows older homeowners to receive monthly payments from a lender based on the homeowners’ equity in their home.  In a typical scenario, a lender makes monthly payments to the homeowner and the homeowner’s obligation to repay the lender comes due only when the homeowner dies or moves from the home.  See Smith […]

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