Mortgage Litigation

Mortgage litigation is any legal action that involves a real estate mortgage loan. At RA & Associates, our experienced Los Angeles real estate litigation attorneys guide our clients through the full range of mortgage-related issues, ensuring that their rights are fully protected.

An overview of mortgage litigation cases

If you have a problem related to your mortgage, such as a pending foreclosure, fraudulent lender activity, mortgage violations or some other issue, mortgage litigation may be necessary to protect your rights and recover damages for any financial harm you may have experienced as a result. Some of the most common mortgage-related cases we handle for our clients include:

Lending discrimination

Some lenders discriminate against borrowers based on their race, sex, religion, handicap or national origin. For example, they may refuse to give you a loan, charge you a higher interest rate or offer unfavorable terms because of your race or gender. These practices are illegal and may result in you being awarded considerable damages.

Mortgage violations

Unfortunately, lenders may violate laws when handling mortgages for their clients. Whether it’s an error affecting your mortgage document or problems during the servicing of your loan, these violations can affect your rights and cost you a considerable amount of money.

Bankruptcy

If your home is being foreclosed on and you’ve exhausted all other avenues, filing for bankruptcy may be your final option to delay the process. In some cases, it may even stop the foreclosure altogether, if it’s combined with other strategies.

Illegal activity

In some cases, mortgage lenders partake in illegal tactics that can harm the borrower. For example, they may over-escrow accounts, assess unauthorized fees, adjust interest rates inappropriately or mislead potential home buyers into taking out a loan that will help the lender achieve a profit (also known as predatory lending). If you’ve been the victim of illegal activity by a mortgage lender, litigation can help you recover any monetary damages you may have suffered as a result.

Loan modification

A loan modification alters the terms of your mortgage loan to lower your payment and interest rate, or reduce your principal. It’s typically recommended when your financial situation has changed substantially since you first took out your loan, and thus the original terms are no longer feasible. Though litigation isn’t usually required to obtain a loan modification, it may be necessary if the bank is violating your rights, not adhering to state guidelines or participating in fraudulent or predatory practices.

Foreclosure defense

When a client is facing a foreclosure, we compose a defense to keep them in their home for as long as possible and ensure that their rights are protected. Depending on the specifics of your case, this may include pre-foreclosure litigation to postpone or stop the auction, as well as litigation to obtain damages following a wrongful foreclosure.

Our approach to mortgage and real estate litigation

At RA & Associates, you can rest assured that you – and your home – are in highly capable hands. If you require litigation to resolve a mortgage-related problem, our Los Angeles real estate litigation attorneys have the expertise necessary to handle your case, assert your rights and keep you in your home for as long as possible. Through the course of mortgage litigation, we can help you:

  • Postpone your foreclosure
  • Issue a restraining order or injunction against your lender
  • Sue the bank for predatory lending violations
  • Negotiate the balance owed on your mortgage
  • Modify the terms of your original loan
  • Reduce the principal on your loan
  • File for bankruptcy

Contact our office today

With over a decade of experience in Los Angeles real estate litigation, the attorneys at RA & Associates have successfully resolved countless cases for our clients. For help with your legal issue, contact our Los Angeles real estate law firm today for a preliminary analysis of your case.