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The wrongful foreclosure attorneys at Trevino Injury Law represent individuals in San Antonio and throughout Texas, whose property has been threatened or even taken by illegal actions of greed driven banking institutions and their cohorts.

If you have suffered as a direct result of the careless, negligent, or deceitful act(s) of a bank, investor, or mortgage servicer employee, Trevino Injury Law will aggressively advocate for you.

Wrongful foreclosure on your home can be devastating. Trevino Injury Law takes pride in addressing clients’ full range of questions and concerns.

Call the wrongful foreclosure attorneys of Trevino Injury Law today to schedule a case evaluation with our experienced team of lawyers.

  (210) 255-3088

Wrongful Foreclosure in San Antonio, TX

Top 10 Questions About Wrongful Foreclosure

1. What is Wrongful Foreclosure?

In times of economic hardship, homeowners and business owners may be unable to make timely mortgage and loan payments. When an individual fails to repay their bank or lender, the lending institution can move to foreclose and seize the property. However, a strict and thorough process must be followed for a foreclosure to be legal.

Wrongful foreclosure is any instance when a bank or lender forecloses on a property without legally documenting, processing, or communicating the procedure. Some institutions have deliberately deceived home and business owners in order to manipulate them into foreclosure when it might otherwise have been avoided. If certain requirements of the process are not met, or deceit, intimidation, or miscommunication was intentionally employed by the lending institution, the foreclosure may be deemed illegal, or wrongful.

2. Have I Been the Victim of a Wrongful Foreclosure?

Some of our nation’s largest lenders have openly admitted to mistakes and lack of due diligence in the processing of foreclosure documents. Many of the documents that were used to seize individuals’ private homes were never read or verified by mortgage service employees. Despite admitting to their mistakes, these powerful financial institutions did nothing to stop home seizures from happening, or rectify their wrongs.

An unknown number of homes were illegally and unjustly seized by banks that failed to properly assess their loan status. As a result, families lost valuable time to recover from economic hardship and reclaim their homes, and suffered a devastating disruption of life when they lost their homes. If you suspect that you or your family has been the victim of wrongful foreclosure, contact an experienced and compassionate attorney immediately to review the circumstances of your foreclosure process.

3. What are the Causes of Wrongful Foreclosure?

Wrongful foreclosure is primarily the result of careless or deceitful document processing by banks, investors, and mortgage servicers. Due to the economic downturn of the past decade, home loan defaults reached a record high. Some lending institutions made mistakes while processing an exceedingly high volume of foreclosures. Others intentionally targeted vulnerable individuals, causing them to default on debts that became impossible to repay.

Some causes of wrongful foreclosure are:

  • Lenders foreclosing wrongfully after entering into Loan Modification Agreements.
  • Miscommunication between lenders, servicers, and other parties, such as title insurers and bank contractors.
  • Banking institutions forcing accelerated payment amounts that include fees, taxes, and charges outside of the contract terms.
  • Disregarding State and Federal Laws governing foreclosure processes.
  • Failing to properly send the notice of acceleration.

4. What is Mortgage Servicer Abuse?

Mortgage servicers are often poorly trained, under-supervised, and expected to process documents at an extremely high rate. While trying to perform under these pressures, mortgage servicers may easily make mistakes or overlook important procedures. In some cases preparers were signing up to 10,000 foreclosure affidavits a month without independently reviewing or notarizing the documents.

5. My property was already foreclosed on. Is it too late?

No. Generally, you will have up to four years to file a lawsuit to protect your claim. The specific amount of time you have to pursue a claim will depend on the circumstances surrounding your foreclosure. The only way to determine exactly how much time you have to take action is to have your case evaluated by an experienced attorney as soon as possible.

6. What Does Texas Law Say About Foreclosures?

Texas law classifies wrongful foreclosure as any failure by the lender to adhere to the lawful requirements of the foreclosure process. The home or business owner may file a suit in their county’s District Court.

Texas law recognizes the following as examples of wrongful foreclosure:

  • The borrower received inaccurate notices prior to the foreclosure.
  • The Deed of Trust or other loan documents were faulty or flawed.
  • The lender failed to observe standards of the foreclosure sale.
  • Servicing errors were made during payment processing.

This is not an exhaustive list of wrongful foreclosures. To determine if any element of your foreclosure was unlawful, speak to Texas foreclosure attorney as soon as possible.

7. What Should I do if I am the Victim of Wrongful Foreclosure?

If you suspect you or a family member are a victim of wrongful foreclosure, you should contact a foreclosure attorney immediately for legal guidance. It is important to keep record of all notices and correspondence with your lender or mortgage servicer, including your payment transactions. You will need to build a case proving that your lender failed to properly adhere to the legal foreclosure process, or used deceitful or threatening tactics that led to or accelerated your foreclosure. An experienced attorney can help you investigate the circumstances of your foreclosure, gather evidence, and protect your rights as a property owner.

8. How Can I Prove a Wrongful Foreclosure?

In order to file a successful lawsuit against a lender, you must offer evidence of a wrongful foreclosure. You will need to show that the lender or mortgage servicer did not follow the foreclosure process, violating your lawful rights prior to or during foreclosure. Some proofs of wrongful foreclosure include:

  • Improperly posted, or flawed notices of default, sale, or acceleration.
  • Absent or late notices of default, sale, or acceleration.
  • A foreclosure sale price well below the property’s fair market value.

There are other possible sources of evidence that can be used to prove wrongful foreclosure. Wrongful foreclosure cases are complex and require the expertise of an attorney to properly prove.

9. Can I Collect Damages for a Wrongful Foreclosure?

If you are able to prove a wrongful foreclosure, you may be eligible for damages including:

  • Compensation for harm or disadvantage due to loss of the property.
  • Emotional distress or mental anguish, particularly in cases of lender or servicer fraud.
  • Compensation for legal costs and relocation costs.
  • Cancellation of foreclosure sale.
  • Compensation for loss of property value, when sold below fair market price.
  • Compensation for the cost and effects of a damaged credit rating.
  • Punitive damages.

10. I Believe I am a Victim of Wrongful Foreclosure: Do I Need an Attorney?

It is essential that you contact an attorney as soon as possible, whether before, during, or after foreclosure proceedings, to determine if you are the victim of wrongful foreclosure. Only an experienced foreclosure attorney will be able to protect your rights, file a claim, and pursue compensation for a wrongful foreclosure.

Our wrongful foreclosure lawyers have the expertise you need to successfully navigate a claim against a bank, investor, or mortgage servicer, and get you the best possible compensation.

Start Your Claim Today!

Call the wrongful foreclosure attorneys of Trevino Injury Law today to schedule a case evaluation with our experienced team of lawyers.

(210) 255-3088

 
 

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