ACT FAST TO STOP THE FORECLOSURE PROCESS!
Has your mortgage lender improperly threatened you with foreclosure or actually begun the process? Was your home or commercial property sold at auction without your knowledge? If so, you may want to consult with a lawyer to discuss your options and ability to stop the sale process, undo a foreclosure and/or seek damages. While bankruptcy may be the answer in some cases, the real estate litigation lawyers at Michael P. Fleming & Associates, P.C. represent commercial and residential property owners who have been unjustifiably threatened with foreclosure or actually foreclosed upon. Michael P. Fleming, former Harris County Attorney, is board certified in Real Estate Law AND Personal Injury Trial Law by the Texas Board of Legal Specialization. He and the other civil litigation lawyers at his firm will do what they can to help save your home or commercial property or seek damages if you have been the victim of an unlawful trustee’s foreclosure sale.
PLEASE NOTE THAT WE DO NOT HANDLE THESE CASES ON A PERCENTAGE BASIS. LITIGATION CAN BE EXPENSIVE AND MAY COST MORE THAN THE AMOUNT YOU CURRENTLY NEED TO BECOME CURRENT ON YOUR LOAN.
A mortgage lender or bank can act improperly giving rise to a claim for wrongful foreclosure in many ways, including:
- Not properly sending a notice of default before initiating the sale process
- Failing to properly send the notice of acceleration
- Not properly sending the notice of sale
- Failing to timely send the notice of sale
- Notice of sale not sent by certified mail
- Initiating the sale process when borrower was not actually in default
- Telling the borrower that the sale would not proceed but does so anyway
- Selling the property for an amount which is grossly under the actual value
If your mortgage lender or bank has engaged in any of the above acts, you may have a case for wrongful foreclosure. There are other errors and/or intentional acts that the mortgage company or bank can engage in that can also subject it to liability for wrongful foreclosure.
When a bank or mortgage company has acted wrongfully in the mortgage foreclosure process, the possible options other than bankruptcy available to the wronged homeowner or commercial property owner include:
- Seeking a Temporary Restraining Order (TRO) from a court to stop the foreclosure process before the sale occurs
- Seeking a Temporary Restraining Order after the sale to stop you from being evicted by the bank or foreclosure sale purchaser
- Seeking a rescission of the foreclosure (undo the whole transaction)
- Seeking money damages against the mortgage company or bank
If you are the victim of a potential or actual wrongful foreclosure, it is critical that you retain a lawyer immediately to protect your rights and your most valuable asset. Bankruptcy may be needed in some cases but a restraining order may work temporarily and avoid bankruptcy.
Call us today to discuss your potential wrongful foreclosure case.