Mortgage Litigation

With so many poorly underwritten mortgages out there, many lenders' claims can now be challenged in court. Though not always appropriate, real estate litigation lawyers are helping borrowers force banks to negotiate a loan modification.

Gone are the days when borrowers knew the loan officer they borrowed from. In the past, the same institution originated, held and serviced the loan until it was paid back. Nowadays, institutions that service loans are often not the originator.

In most states, a loan servicer must be named on the mortgage to bring a foreclosure lawsuit. If that name was not on the mortgage before the lawsuit was filed, the case may be dismissed. The court would rule that the plaintiff does not have a legitimate interest in the case. More commonly, this is called a lack of standing and it is the most effective defenses against foreclosure.