the most popular questions
Q: What is predatory mortgage lending ?
A: Predatory mortgage lending, according to the office of inspector general of the FDIC, is “imposing unfair and abusive loan terms on borrowers.”
Some common predatory lending practices include: brokers that charge higher interest rates, unnecessarily large fees, prepayment penalty, targeting of minority groups, explosive adjustable interest rates, hidden fees that are not included such as taxes and insurance.
Q:Can I sue my lender/servicer even if my house already was foreclosed on ?
A:Possibly, if accepted we would seek the return of title to your name and/or monetary damages for wrongful foreclosure.
Q: If I have an investment property or multiple properties, does a lawsuit still apply to me ?
A: Yes, lawsuit could apply to residential properties whether investment or owner occupied.
Q: Who is the legal counsel litigating our case ?
A: There are many skilled attorneys at Olympia Law Group. The lead attorney who oversees the litigation is Matin Rajabov. Attorney Rajabov is a California attorney who has over 20 years of experience in the field.
Q:Can I stop paying the mortgage after becoming a client or plaintiff ?
A:Client should continue paying mortgage if they are able to unless the bank will not accept payments or a stay of payments is issued by the court.
Q:Will a lawsuit stop foreclosure ?
A:When lenders are sued they often will not foreclose because of the California homeowner Bill of Rights. This is due to the potential liability. However again we cannot unequivocally state or guarantee that a lenderlawsuit will stop a foreclosure sale date.
Q: Is there a difference between litigation and loan modification process ?
A: Yes. They are 2 completely different processes.
The Individual Litigation approach is based on your specific set of facts.
Individual litigation can allow OLG to work directly with opposing counsel or the litigation department of your mortgage lender.
The lawsuit provides leverage for you to obtain possible remedies such as: a settlement of a change in loan terms, monetary damages, repayment plan, forgiveness of arrears. Litigation is an excellent way to create a foreclosure road block.
Results are similar to HAMP or DOJ settlement modification but it’s an entirely different process to get there.
Q:What are the necessary documents that I need to provide to sign up for Litigation ?
A:You need to provide the following if you intend to sign up:
An attorney reviewed and approved intake application
Legal Documents sent to you by your mortgage lender such as a Notice of
Default or a Notice of Sale
Recent Mortgage Statement
Executed retainer agreement
Q:How long do you foresee a case lasting ?
A:Estimating duration of litigation is always uncertain. Our firm always looks towards the quickest settlement possible.
Q: If a client has applied for loan modification or has previously received a loan modification, are they still eligible for the lawsuit process ?
A: You may qualify, however litigation may affect any pending modification application. We still need you to answer a lawsuit qualification questionnaire.