Banking and Finance Law

Mortgage Attorney- What Legal Problems Can They Help You With?

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16 December, 2023

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A mortgage lawyer or a mortgage attorney specializes in mortgages and related issues. They handle disputes and aid clients in resolving mortgage-related matters.

Are you experiencing complications understanding mortgage terms?

Are you facing disputes over loan conditions?

Could you face foreclosure due to missed payments?

Are there issues with property titles or liens affecting your mortgage process?

As purchasing a home stand as a major life investment, errors may occasionally happen. You may need quite some assistance during the mortgage process.

In such cases, a mortgage lawyer clarifies your rights and addresses issues to make a smoother purchase procedure.

Thus, in this article, we will be talking about the role of a mortgage attorney. In the process we will answer all related questions.

Aspects About Mortgages That You Should Know Before You Hire A Mortgage Attorney

A mortgage functions as a loan. It allows individuals to make long-term payments for property acquisitions.

This transaction typically revolves around two essential documents. They are as follwos.

a.      A promissory note.

b.     A deed of trust.

A promissory note is a legal commitment. It outlines the repayment terms, duration, and binds the borrower to settle the loan after the property sale.

However, the deed of trust operates as a lien (taking a loan basing on it) on the property. It gives the lender the right to reclaim funds by selling the property if there is a breach of loan terms. It’s a vital safeguard to the lender’s repayment.

Looking For A Mortgage?

A mortgage lender hands out loans to buyers. Generally, lenders are banks or mortgage companies. Additionally, government-sponsored entities like FHA, HUD, or VA provide lending options. Once the loan is settled, the property title transfers.

Parties Involved and Potential Disputes

Various parties play roles in mortgages. For example, mortgage brokers help in securing the best loan. Real estate agents help with property selection and sometimes collaborate with lenders and brokers.

Moreover, these transactions tend to be complex and lengthy. There can be disputes among involved parties leaving legal intervention as the only option.

Thus, seeking advice or representation from a mortgage attorney can be essential in such situations.

Mortgage Disputes and Violations That A Mortgage Attorney Helps With

What does a mortgage attorney do? In the realm of mortgages, various legal issues may arise during or after the mortgage process.

Breach of Contract is a frequent problem. However, your mortgage attorney can provide remedies for these contractual breaches by means of a lawsuit, monetary damages, etc.

Moreover, the most prevalent issue is that of Foreclosure. It typically arises due to delayed or missed payments by the mortgagor.

This results in the mortgagee taking back the property and selling it at public auction to settle the debt.

Fraudulent Practices and Predatory Lending

Mortgage Fraud occurs when parties submit falsified information in loan applications. For example, the ex-President of the United States is facing a similar charge. 

He had apparently shown a false evaluation of his real estate properties to get a larger loan amount. If the charges are true, it can lead to imprisonment for loan fraud.

However, lenders may also face charges for creating false mortgage contracts. This acts as a defense ground for borrowers against foreclosure.

Predatory Lending

So, Predatory Lending uses vulnerable individuals who are suffering with unfavorable loan terms. For example, exorbitant interest rates or financial problems. They exploit their inexperience or limited access to loans and charge extremely high rates of interests.

Discrimination Concerns In Mortgages

Furthermore, Discrimination is a major issue in the mortgage realm. The law prohibits lenders from discriminating against borrowers on any protected characteristic that the Fair Housing Act and Equal Credit Opportunity Act outline. These laws safeguard borrowers seeking mortgages from discriminatory practices.

How Can A Mortgage Attorney Help You?

A mortgage attorney can offer various strategies to halt or delay foreclosure. Their roles when a client is facing foreclosure include the following.

Loan modification, negotiations with lenders, or challenging the legality of the foreclosure. Moreover, they can represent clients in court proceedings. They will see to it that lenders follow proper foreclosure protocols and help homeowners keep their properties.

A mortgage attorney can offer various strategies for borrowers facing fraud accusations. These attorneys assess evidence, challenge charges, and defend their clients in court.

Other Functions

Moreover, they may also help when lenders engage in fraudulent practices. In these conditions, they can provide defense against foreclosure or even leverage in negotiations.

A mortgage attorney can offer various strategies to evaluate loan terms. They carry out investigation into the deceptive practices. Moreover, they also help determine if a borrower faces an unfair target or if he is a victim to misleading.

They can pursue legal action against lenders and seeking damages or loan restructuring. Moreover, they can assist in filing complaints with regulatory bodies.

A mortgage attorney can offer various strategies to fight discrimination on race, gender, religion, or other protected categories. Their services protect you from discrimination during the mortgage process.

Therefore, they can file lawsuits against lenders violating fair lending laws and advocate for clients’ rights through legal channels.

What Kind Of Attorney Do You Need When YouMortgage Attorney Company Holds Your Insurance Money?

If your mortgage company is withholding your insurance funds, you can hire an attorney specializing in insurance or real estate law. They can assist in the legal procedures to se through the release of these funds.  

(Be sure to check out our articles on consumer protection laws).

List Of Mortgage Attorney In The US

How do I find a good mortgage attorney for a private mortgage? Well, here is a list of the best mortgage attorneys we have gathered for you.

Mortgage Banker and New York Real Estate Lawyer

Location: 112 W 34th St, New York

Services: Real estate law, mortgage banking.

Contact: +1 917-575-6977

Expertise: Specializes in real estate law and mortgage banking in New York. 

Soble Law

Location: 31800 Northwestern Hwy, Farmington Hills

Services: Real estate law

Contact: +1 888-789-1715

Expertise: Focused on real estate law with a strong presence in Farmington Hills.

The Sader Law Firm

Location: 2345 Grand Blvd Ste 2150, Kansas City

Services: Bankruptcy law

Contact: +1 816-561-1818

Expertise: Specializes in bankruptcy law, serving Kansas City. 

Homeland Mortgage Llvc

Location: 1001 Craig Rd, Saint Louis

Services: Mortgage lending

Contact: +1 314-236-5007

Expertise: Provides mortgage lending services in Saint Louis. 

U.S. Bank-Mortgage Loan Officer-Jason Lawyer

Location: 4253 N Scottsdale Rd, Scottsdale

Services: Mortgage lending

Contact: +1 480-505-4290

Expertise: Offers mortgage lending services; associated with U.S. Bank.

(If you find the list helpful, check out our latest article on the list of retaliation lawyer).

To Conclude

Thus, we now reach an end to this article. Mortgages involve many people and can be complicated. A mortgage attorney helps with buying a home and deals with any problems that come up during the process.

They can review your home contract and loan papers, negotiate contracts, and handle any issues that happen because of your mortgage. If there’s a problem, they can file claims for you and represent you in legal matters.

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Debkanya is a lawyer turned writer. With an experience of 3 years, she is your go-to source for all things law. She has a soft corner for the US and international section. When the weekend arrives, you'll find her reading up on politics, Austen, or travel blogs over a cup of coffee.

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