MORTGAGE RIGHTS
How to Protect Yourself Taking Action and Filing a Lawsuit We have arrived at that point in the story where I urge you to hire a lawyer. In my experience, lay people are good at understanding the substantive law in this area and are not bad with concepts like securitization. What they do not understand are the rules of civil and appellate procedure. These rules govern how cases proceed to trial and how an appeal is pursued. I should also add the rules of evidence to this list. A lay person trying to litigate a case is like an average American trying to play cricket: the game is foreign to us and we do not know the rules, much less the subtle skills that set the great player apart from the good player. Lay people can lose good cases because they do not know the rules of the legal system. The Consumer Financial Protection Bureau has gone a long way in removing the biggest stumbling block for some of these cases: paying the lawyer. In the lingo of lawyers, the CFPB provided a private right of action for certain violations of its servicing rules. This means that you can file a lawsuit if the servicer violates one or more of these regulations. The statute that the CFPB used allows several types of damages, such as for emotional stress, and is a fee-shifting statute. Fee shifting means that if you win, the servicer has to pay your attorney's fees. If you are having a dispute with your servicer, you and your lawyer will have to decide whether to take the offense and sue the servicer or wait to play defense when the servicer files a foreclosure. You can sue the servicer after it sues you by filing what is known in most courts as a counterclaim. The strategic decisions that you and your attorney make, such as suing the mortgage company before they file a foreclosure, are based on a number of considerations, some unique to your state or even county. For example, some counties in Wisconsin have a reputation of being bank-friendly. I have to take the county's reputation into consideration whether it is true or not, and will discuss the matter with my client if we have a way to avoid litigating in that county.
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 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 Taking Action and Filing a Lawsuit We have arrived at that point in the story where I urge you to hire a lawyer. In my experience, lay people are good at understanding the substantive law in this area and are not bad with concepts like securitization. What they do not understand are the rules of civil and appellate procedure. These rules govern how cases proceed to trial and how an appeal is pursued. I should also add the rules of evidence to this list. A lay person trying to litigate a case is like an average American trying to play cricket: the game is foreign to us and we do not know the rules, much less the subtle skills that set the great player apart from the good player. Lay people can lose good cases because they do not know the rules of the legal system. The Consumer Financial Protection Bureau has gone a long way in removing the biggest stumbling block for some of these cases: paying the lawyer. In the lingo of lawyers, the CFPB provided a private right of action for certain violations of its servicing rules. This means that you can file a lawsuit if the servicer violates one or more of these regulations. The statute that the CFPB used allows several types of damages, such as for emotional stress, and is a fee-shifting statute. Fee shifting means that if you win, the servicer has to pay your attorney's fees. If you are having a dispute with your servicer, you and your lawyer will have to decide whether to take the offense and sue the servicer or wait to play defense when the servicer files a foreclosure. You can sue the servicer after it sues you by filing what is known in most courts as a counterclaim. The strategic decisions that you and your attorney make, such as suing the mortgage company before they file a foreclosure, are based on a number of considerations, some unique to your state or even county. For example, some counties in Wisconsin have a reputation of being bank-friendly. I have to take the county's reputation into consideration whether it is true or not, and will discuss the matter with my client if we have a way to avoid litigating in that county.
 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 Taking Action and Filing a Lawsuit We have arrived at that point in the story where I urge you to hire a lawyer. In my experience, lay people are good at understanding the substantive law in this area and are not bad with concepts like securitization. What they do not understand are the rules of civil and appellate procedure. These rules govern how cases proceed to trial and how an appeal is pursued. I should also add the rules of evidence to this list. A lay person trying to litigate a case is like an average American trying to play cricket: the game is foreign to us and we do not know the rules, much less the subtle skills that set the great player apart from the good player. Lay people can lose good cases because they do not know the rules of the legal system. The Consumer Financial Protection Bureau has gone a long way in removing the biggest stumbling block for some of these cases: paying the lawyer. In the lingo of lawyers, the CFPB provided a private right of action for certain violations of its servicing rules. This means that you can file a lawsuit if the servicer violates one or more of these regulations. The statute that the CFPB used allows several types of damages, such as for emotional stress, and is a fee-shifting statute. Fee shifting means that if you win, the servicer has to pay your attorney's fees. If you are having a dispute with your servicer, you and your lawyer will have to decide whether to take the offense and sue the servicer or wait to play defense when the servicer files a foreclosure. You can sue the servicer after it sues you by filing what is known in most courts as a counterclaim. The strategic decisions that you and your attorney make, such as suing the mortgage company before they file a foreclosure, are based on a number of considerations, some unique to your state or even county. For example, some counties in Wisconsin have a reputation of being bank-friendly. I have to take the county's reputation into consideration whether it is true or not, and will discuss the matter with my client if we have a way to avoid litigating in that county.
 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 Taking Action and Filing a Lawsuit We have arrived at that point in the story where I urge you to hire a lawyer. In my experience, lay people are good at understanding the substantive law in this area and are not bad with concepts like securitization. What they do not understand are the rules of civil and appellate procedure. These rules govern how cases proceed to trial and how an appeal is pursued. I should also add the rules of evidence to this list. A lay person trying to litigate a case is like an average American trying to play cricket: the game is foreign to us and we do not know the rules, much less the subtle skills that set the great player apart from the good player. Lay people can lose good cases because they do not know the rules of the legal system. The Consumer Financial Protection Bureau has gone a long way in removing the biggest stumbling block for some of these cases: paying the lawyer. In the lingo of lawyers, the CFPB provided a private right of action for certain violations of its servicing rules. This means that you can file a lawsuit if the servicer violates one or more of these regulations. The statute that the CFPB used allows several types of damages, such as for emotional stress, and is a fee-shifting statute. Fee shifting means that if you win, the servicer has to pay your attorney's fees. If you are having a dispute with your servicer, you and your lawyer will have to decide whether to take the offense and sue the servicer or wait to play defense when the servicer files a foreclosure. You can sue the servicer after it sues you by filing what is known in most courts as a counterclaim. The strategic decisions that you and your attorney make, such as suing the mortgage company before they file a foreclosure, are based on a number of considerations, some unique to your state or even county. For example, some counties in Wisconsin have a reputation of being bank-friendly. I have to take the county's reputation into consideration whether it is true or not, and will discuss the matter with my client if we have a way to avoid litigating in that county.
 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