- The party suing you is not the party who holds/owns your loan (standing);
- Your lender didn't properly evaluate you for available loss mitigation options;
- Your loan is government-insured (FHA, VA, USDA), but the mortgage servicer didn't follow servicing or loss mitigation requirements and regulations;
- You made payments under a trial period plan, but were never offered a permanent modification;
- Your mortgage company wrongfully denied your application for a loan modification;
- You had a loan modification application under review with your mortgage company when the foreclosure case was filed;
- You have your own insurance, and the lender has added an insurance premium to your account (force-placed insurance);
- Your lender failed to respond to a Notice of Error or Request for Information;
- Your lender encouraged you to exaggerate your income on your loan application;
- Your lender did a bait-and-switch of the terms of the loan. For example, if at the closing you were informed the loan would require a higher interest rate than was originally promised;
- Your refinance or home equity loan is less than 3 years old, and the lender did not accurately tell you information about the loan's Annual Percentage Rate (APR), finance charge(s), amount financed, total of payments or schedule of payments;
- Your broker received an unreasonable lump-sum payment (commission) for brokering the loan;
- A contractor started the loan as part of a home repair contract; or
- Your lender has not applied all your payments to your account.
If you think one of these situations applies to you, then you should talk to a lawyer.
Updated: May 2018