MORTGAGE RIGHTS
How To Protect Yourself Causes of Action

I hate to sound like a broken record, but I have to urge you to get a lawyer if you want to sue your loan servicer (mortgage company) or want to bring what are called "counterclaims" when a foreclosure case is filed against you. I am going to give you a list of what lawyers call "causes of action." To make a case in court, you must have a set of facts that entitle you to relief under a recognized cause of action. Breach of contract is an example of a cause of action. To be entitled to relief, you would have to prove these ffacts: that there was a valid contract, that the defendant did not perform one of the contract terms, and that you were damaged because of the defendant's failure to perform (I am oversimplifying here). You need a lawyer to review both the facts of your particular case and the law in your state to see whether these causes of action can be used by you.

 

Breach of Contract (including breach of the covenant of good faith and fair dealing)

Negligence and Negligent Misrepresentation

Wrongful Foreclosure

Promissory Estoppel

Unfair and Deceptive Acts and Practices

Fraud

Intentionable Infliction of Emotional Distress

State Consumer Acts

Tortious Interference with Contract

Unjust Enrichment

Conversion

CFPB Servicing Rules

State Servicing Rules

Misrepresentation in Debt Collection

Fair Credit Reporting Act

Fair Debt Collection Practices Act (but only applied to debts that were in default at the time the loan was acquired by the servicer)

Telephone Consumer Protection Act

Conversion

Trespass

 

NEXT: Litigating Loan Modification Mistakes
 MORTGAGE RIGHTS
The site does not provide legal advice. Neither Susan LaCava nor her law firm, LaCava Law, S.C., represent you until there is a signed retainer agreement.
How To Protect Yourself Causes of Action
 MORTGAGE RIGHTS
 MORTGAGE RIGHTS
The site does not provide legal advice. Neither Susan LaCava nor her law firm, LaCava Law, S.C., represent you until there is a signed retainer agreement.
How To Protect Yourself Causes of Action
 MORTGAGE RIGHTS
 MORTGAGE RIGHTS
The site does not provide legal advice. Neither Susan LaCava nor her law firm, LaCava Law, S.C., represent you until there is a signed retainer agreement.
How To Protect Yourself Causes of Action
 MORTGAGE RIGHTS
The site does not provide legal advice. Neither Susan LaCava nor her law firm, LaCava Law, S.C., represent you until there is a signed retainer agreement.  MORTGAGE RIGHTS