A Mortgage Suit is a Powerful Tool !

Mortgage Litigation is a powerful tool when implemented properly with the potential to provide relief from unfair, illegal, unethical and immoral practices and acts of Lenders, Servicers and Investors. Like any legal action Mortgage Litigation is not a guarantee of positive results and may not be the best solution for every borrower. For those homeowners who do employ Mortgage Litigation the benefits can be substantial.

Borrowers empower themselves in the legal process when they file a suit by enjoying the position as a PLAINTIFF, which literally places the “other side” on the defensive as DEFENDANTS.

Plaintiffs can control defendants in a mortgage suit in various ways beginning with; who becomes a Defendant; for what reason or “Cause” a party is sued; demands for evidence which can be made public; exposure of financial records and more. Lenders, Servicers and Investors, the three types of businesses most commonly included as Defendants in Mortgage suit, have little or no desire for their business practices to become public, let alone create a court record accessible to future Plaintiffs. Additionally the defendants all must defend the mortgage suit which requires hiring and paying attorneys, and usually “staying”, or in common terms postponing, any ongoing collection or foreclosure actions, even sheriff or trustee sales.

As with any law suit,a mortgage suit almost always is driven into a settlement conference or settlement hearing.   This works to the benefit of the borrower, the Plaintiff, because the court always prefers that two parties settle and not take the courtroom’s time.  Judges push the parties to work out a reasonable resolution and don’t look favorably on Defendants who are unwilling to compromise.  In other words, the Plaintiff enjoys a major benefit with the court, the Judge, on their side.

Remember, the Defendants don’t want to air their “dirty laundry” and make it public record.  This can be avoided by reaching a settlement with the Plaintiff because settlements are almost never made a public record.  (That’s one reason it is so difficult to verify the results of an attorney’s claims for success.) Defendants have a very real interest in protecting their bad behavior or illegal activity so that they don’t create opportunities for other borrowers to file their own mortgage suits.

Lastly, in a settlement hearing a Plaintiff can show the Defendants the various ways the Plaintiff has been damaged without the expense of trial, and very often without the costly discovery process.  This includes presenting the Defendants own published history of provided all varieties of mortgage assistance and compensation.

David Rudolph

© 2014

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