Foreclosure-gate has revealed great wrongdoing in the foreclosure and modification process. A foreclosure deed upon sale that is "void" may entitle the borrower to damages, and return of their home. False (HAMP Modification) promises made to homeowners may entitle them to damages, and return of their home. Mortgage and foreclosure laws are complex. Homeowners have every right to legal protections from wrongful foreclosures, wrongful denial of (HAMP) modifications, fraud, emotional distress, and unfair business practices. Banks have attorneys; homeowners should too!
Homeowner Lawsuit Rights Against Banks/Servicers
Depending upon the facts and appropriate law, some of the potential causes of action assuming a wrongful foreclosure and forcible eviction did take place, may include:
1) Unfair or Deceptive Business Practices (per state law);
2) Set-Aside & Wrongful Foreclosure/Wrongful Eviction (per state law);
3) Trespass By Forcible & Unlawful Entry
4) Fraud/ Misrepresentation/ Concealment; Conspiracy-to-Defraud;
5) Breach of Oral Executed Contract;
6) Breach of Written Contracts;
7) Abuse of Process;
7) Nuisance; Waste;
8) Violation of Privacy;
9) Conversion of personal property;
10) Slander of Title; Quiet Title;
11) Violation of RESPA;
12) Violation of TILA/ HOEPA; and
13) Violation of FDCPA (and its state versions).
Many of these claims for relief carry treble damages, attorney fees, injunctive relief and punitive damages. Legal liability may be material. Borrowers in bankruptcy may also file federal adversary lawsuits (AP) to enforce its rights.
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