Principal Reduction And Monetary Damages Through Litigation

 Are you upside down in your mortgage and cannot refinance your home, sell your home, or are you thinking of walking away from your home or investment property? Has your home been wrongfully foreclosed? We have solutions to avoid foreclosure and regain the lost equity in your home. Whether you are current or not, we can assist you with regaining what most every home owner lost during the housing bust. If this sounds like the answer you have been waiting for, please give us a call at (888) 504-5539 — we’re eager to be of assistance to you.


Our firm is exclusively dedicated to assisting homeowners in their struggle against lenders. We have a variety of solutions not only for homeowners in distress but also for those who are upside down in "bad" loans due to lender liability. Homeowners can retain our firm in one of our Mass Tort cases, an individual lawsuit against a lender, or a lawsuit within a bankruptcy filing.


Mass Tort litigation involves joining other homeowners who have been wronged by their lender. Although it is a single action, each homeowner can get individual relief. It is different from a class action because it is financed by the litigants and not by the attorneys. In class action, the attorneys take their fees from the court and this normally leaves the class members paltry awards (e.g. $12.00 or free service for a month). 


In Mass Tort litigation, most of what is awarded goes to the homeowners.


Our Law Firm also files individual cases for those people who do not qualify for our Mass Tort actions. Although more costly, individual cases against lenders, like Mass Tort actions, can potentially result in monetary damages, principal reductions, interest rate reductions/conversions, and other forms of relief.


We will be seeking the following on behalf of the homeowners:

  • Principal reduction at/or below current market value
  • Up to 80% reduction in payment dependent upon current market value and interest rate
  • Interest rate reduction
  • Conversion of adjustable payment to fixed payment
  • Monetary (Cash) Damages
  • Clean credit report of mortgage late payments
  • Foreclosure / Eviction Delay Defense (If appropriate/necessary)

Litigation Details:

  • Represent Clients On A Case-by-Case Basis
  • Include all major banks such as: Bank of America, Wells Fargo, Chase, Citi Mortgage, Ally, GMAC, HSBC, Seterus, SPS, SLS, One West Bank, Ocwen, NationStar, Homeward, and Many More Smaller Servicing Companies
  • Includes Foreclosure Defense and Eviction Delay
  • Allow for MOST homeowners with NON-Traditional loans to join

We file lawsuits on behalf of plaintiff homeowner(s) in State or Federal Court. We file actions on an individual or a group basis. Causes of action can include:

  • Securitization of the mortgage note
  • Fraud
  • Negligent and/or Predatory Lending
  • Mortgage Electronic Registration Systems (MERS) violations
  • Truth In Lending Act (TILA) violations
  • Real Estate Settlement Procedures Act (RESPA) violations
  • Cancellation of Void Contracts
  • Violations of the Business and Professions Code(s)
  • Fraudulent Concealment
  • Breach of Contract
  • Bad Faith in Dealing
  • Wrongful / Illegal Foreclosure

A thorough review of your loan documents and/or factual inquiry is usually necessary to determine if a case exists.


Question: Am I a good candidate for the litigation process?


Answer: If your mortgage situation fits any of the following then you may be a potential litigant:

  •       Interest only product
  •       High interest rate
  •       Option ARM (adjustable rate mortgage) loan
  •       Pick a payment or negative amortization
  •       Has penalty for prepayment
  •       Has balloon payments
  •       An 80/20 loan
  •       Loan based on stated income
  •       Subprime qualified loan
  •       Income or the value of the property was inflated to obtain the loan
  •       Denial of loan modification or termination from the existing trial program
  •       You had an aggressive broker who charged excessive fees
  •       Wrongful foreclosure
  •       Other lender malfeasance not stated

With our program, we have options to assist saving your home from foreclosure and eliminate your negative equity. How? Our law firm files a lawsuit against your lender and upon successful settlement or jury trial award reduces your loan balance, reduces your interest rate, and lowers your mortgage payment to a long-term, sustainable payment.

Some History


Before 2000, buying a home was a fairly simple, straight-forward arrangement. A potential borrower would find a home they wished to buy and a lender willing to loan them money. The lender would appraise the property, assess the borrower’s credit worthiness and lend the money, secured by the property. The borrower would pay the loan and get clear title or the secured property would be foreclosed upon if payment could not be made. A simple, straight-forward arrangement.


  • Beginning in the early 2000’s, the arrangement became more complicated with the introduction of Mortgage Backed Securities. Lenders found a way to significantly increase profits, but did so in a way that was unstable, unsafe and ultimately destructive. Their actions are widely seen as the cause of the downturn in the economy, creating the need for a taxpayer bailout, and fueling a foreclosure crises that shows no signs of slowing down.
  • A federally chartered bank would extend a loan on a residential home evidenced by a note and secured by a trust deed or mortgage. The bank would then immediately turn to Wall Street investors, organized by investment banks as Bear Sterns, Goldman Sachs, Lehman Brothers or Morgan Stanley, to purchase the income stream from the loan. The bond evidencing this income stream was typically called a Collateralized Debt Obligation (CDO).
  • The CDO investors, in turn, would typically transfer the risk of homeowners defaulting on their mortgages to other investors via a credit derivative, typically called a Credit Default Swap, which acted like insurance on the CDO.
  • Meanwhile the investor hired a loan servicing company to interface with the homeowner/borrower. That loan servicing company is paid based on services they provide: a little for collecting and passing on payments, a little more for harassing homeowners who have missed a payment, BUT a lot for conducting a foreclosure.
  • They are paid little for doing a loan modification, and often don’t have authority to modify the loan terms even if they wanted to do so. Loan services are economically incentivized to foreclose. The principle party in economic interest, the contract party on the Credit Default Swap, is powerless to push the loan servicer to modify the loan or work out an arrangement by which a family can stay in their home.

CHANCE OF SUCCESS:


  • There are no sure things in litigation—but THE FIRM WOULDN'T TAKE YOUR CASE UNLESS THEY BELIEVED WE WOULD WIN.
  • The lead attorney who oversees the litigation has over 15 years of experience in litigation and in the last 4 years has litigated over 100 cases against various lenders. His legal skill in analyzing litigation cases for predatory lending, bad faith, and other lender violations is excellent.

We offer a free consultation with absolutely no obligation whatsoever. It does not matter if you are behind on payments, struggling, facing a short sale, have a foreclosure sale date, home has already been foreclosed on, or you are current and need some options. We can assist you.


Call us today:  (888) 504-5539


We Bring Hope


The national mortgage delinquency rate is at an all time high. The real estate crash and credit crisis have created a perfect storm battering millions of home owners. Families, just like yours, are struggling to pay their mortgages, often times for reasons beyond their control.


Many families face foreclosure because their income is down and yet their mortgage remains high. Not only is their credit being destroyed, but they also stand to lose the equity they have worked so hard to build.


Fortunately, our expertly crafted programs are specifically designed to help homeowners in need. We offer assistance through several personalized programs: our Principal Reduction Program  through proven litigation methods. We may help you avoid foreclosure on your home and while eliminating negative equity. Allow us to give back to you what you worked hard for—the dream home for you and your family. If you owe more than what your home is worth and you’re seeking negative equity help, we encourage you to seek advice from one of our Mortgage Solution Specialists so we may present to you a better option.


To Join the Fight against your lender and to determine if you qualify, please fill out our short contact form below or call us right away at (888) 504-5539. We look forward to working with you to provide a positive solution to your current mortgage situation.

 

Contact Us Today!

Cont Us For a Free, Confidential, No Obligation Consultation.

Foreclosure Avoidance Group

920 West 17th Street, 2nd Floor, Santa Ana, CA. 92706

Toll Free: (888) 504-5539
Fax: (714) 462-8109