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Home  >  Articles  >  Filing a Wrongful Foreclosure Claim

Filing a Wrongful Foreclosure Claim

The prospect of foreclosure is frightening and stressful to many homeowners across the country. While this may be a legitimate concern, what is even more upsetting are the numbers of foreclosures carried out by banks and lenders under false or invalid circumstances. It does not matter if the lender initiated the wrongful foreclosure as a result of intentional fraud or if the lender was simply guilty of mismanagement or making clerical errors. Successful wrongful foreclosure claims may result in as little as a judge ordering the lender to cease any bad faith tactics and continue negotiations in earnest, or as much as a judge determining the foreclosure to be invalid.

Unfortunately, filing a wrongful foreclosure claim is a complex process. As such, it is in your best interest to seek out a qualified foreclosure defense attorney to help you with your claim. You may also benefit from the experience and knowledge of an attorney who has dealt with bankruptcies and debt negotiation, as this specific background can yield unique insight into the detailed and complicated nature of foreclosure law.

Providing Evidence of Wrongful Foreclosure

Debtors who seek to make wrongful foreclosure claims must assume the responsibility of proving that his or her lender is guilty. Attorneys with heavy financial backgrounds will more likely be able to help you find and obtain this evidence. Debtors must prove the following in their claims:

  • The lender owed a legal duty to the debtor,
  • That legal duty was breached,
  • The breach led to certain damages, and
  • What the specific damages were

After proving the above conditions, a debtor will have two options. He or she may either:

  • Seek dismissal of the foreclosure, or
  • File a legal suit against the lender for the damages

Plaintiffs will be entitled to recover certain compensations for specific damages accrued as a result of the wrongful foreclosure once the claim has been proven.

Contact a Cedar Rapids Wrongful Foreclosure Attorney

If you are dealing with a foreclosure under fraudulent or inaccurate circumstances in the Cedar Rapids area, it is in your best interest to contact a foreclosure defense attorney right away. At Hong Law, PLC, we can help you through this difficult process. Call us today at (319) 294-5853 to speak to one of our qualified attorneys.