Robert T. Healey, Esq.

St. Louis Wrongful Foreclosure Attorney

Avoid Wrongful Foreclosure

What is Wrongful Foreclosure?

Wrongful foreclosure is when a lender or institution forecloses on an individual and sells his or her home illegally – or uses methods which are outside the bounds of the law.  For instance, if a person begins the foreclosure process, and a lender or institution accepts a partial payment from that individual – but continues with the foreclosure, it can be a wrongful foreclosure. If you believe this has happened to you, you need a St. Louis Consumer Advocate Attorney like Bob Healey to fight tirelessly for your rights.

This happens all the time to individuals and many don’t realize that it could be illegal.  Both the banks and their customers seem to think that lenders and institutions are above the law, but they are not.  Federal laws such as the Home Affordability Modification Program (otherwise known as HAMP) and the Truth in Lending Act, as well and Missouri laws such as the Merchandising Practices Act, provide protection to consumers who are victimized by the large banks and the entities which service their mortgages.

One particular area which seems to create persistent problems for consumers is the failure of the banks to comply with the requirements of the HAMP program.  This program was created by the federal government in March of 2009 after the mortgage and banking crisis in 2008.  The program was designed to help consumers who were struggling with their mortgage payments an opportunity to apply for a modification which could reduce the amount of the consumer’s monthly mortgage payment, and help them to overcome temporary losses of employment or household income in order to save their homes.  The process is supposed to involve an application for a modification by the consumer, followed by a trial modification proposal for applicants deemed to have qualified, and then the offer of a permanent modification for those who have successfully completed the trial modification.

Unfortunately, many consumers have found that the banks misplace or otherwise lose their modification application and supporting documents, and receive requests to repeatedly re-forward those applications and documents, causing significant delays in the process.

Once the documents are received and processed, some consumers receive a trial modification offer from the banks which normally involves a reduced monthly payment for a “trial” period of three to four months, a request for additional documentation which is typically duplication of the documents already produced.  The clear and unequivocal implication of the temporary modification proposal is that if the consumer successfully completes the trial modification process, he or she will receive a permanent modification.

Unfortunately, the promised permanent modification is never received.  Many consumers have complied with all of the conditions of the trial modification offers by sending in the required additional documents and making the modification payments in a timely manner.  Oftentimes, the consumers make modification payments for 6 or even 8 months thinking that their modification has become permanent or that the permanent modification offer was coming only to find out that the bank was not going to offer a permanent modification.  These consumers end up facing foreclosure and the potential loss of their homes, even though they have done everything the bank asked them to do.  This kind of behavior by the banks is blatantly unfair and might violate the law.

Our office sues banks and mortgage companies for engaging in these kinds of unreasonable and unfair tactics. If a bank or mortgage company has foreclosed on your home, and you feel it did so improperly or if something about the process did not seem right, please contact us for a free consultation to further discuss your case.

Contact St. Louis Foreclosure Bob Healey today at (314) 401-3261 or info@healeylawllc.com.

 

Contingent Fees
We handle many of our cases on a contingency fee basis. We only charge a fee if we are successful in recovering an award for you. Our fees are based on a percentage of any recovery we make for you.

Rules of Court require us to advise that clients may be responsible for costs/expenses. In most cases, however, these are deducted from any recovery at the conclusion of the matter.

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