Here’s the HAMMER You Need to Win a Mortgage Dispute
Copyright © 16 January 2014 by Bob Hurt. All rights reserved. Distribute freely.
Law provides litigant settlement procedure
Florida statute 45.061 (see below text) might interest you with respect to settlement of a mortgage dispute (or any other injury lawsuit) in Florida. Similar statutes might exist in other states.
If you negotiate a settlement from a position of strength, such as by suing a lender or lenders with valid causes of actions revealed in a comprehensive mortgage examination report, the lender has a strong incentive to settle.
Ultimate Negotiating Hammer
Note that lenders seem most willing to settle when you have a case against them that they know will crush them in court, particularly in a jury trial in which the jurors probably have all suffered injury by (and hate) predatory lenders. Many lenders will not take you seriously till a competent injury/tort attorney files the complaint or counter/cross-claim against them. When that happens, they might beg the injured party to come to the negotiating table.
Thus, the mortgage examination report provides the tort attorney and injured client with a huge “Negotiating Hammer” with which to intimidate recalcitrant banks into settling “reasonably.”
Notice of Grievance (NOG)
The mortgagor has a legal duty to the owner of beneficial interest in the note under section 20 of the Freddie Mac standard mortgage security instrument 3010 (Florida example), to wit: