Can you sue your mortgage company - tradeprofinances.com

Can you sue your mortgage company

## **Can You Sue Your Mortgage Company?**

Yes, you can sue your mortgage company under certain circumstances. However, it is important to understand that suing a mortgage company is a complex and challenging process. Before you decide to sue, you should carefully consider your options and consult with an attorney.

### **Common Reasons to Sue a Mortgage Company**

There are many reasons why you might consider suing your mortgage company. Some of the most common reasons include:

* **Breach of contract:** A mortgage contract is a legally binding agreement between you and your mortgage company. If your mortgage company violates the terms of the contract, you may be able to sue for breach of contract.
* **Unfair or deceptive practices:** Mortgage companies are required to follow fair and deceptive practices. If you believe that your mortgage company has engaged in unfair or deceptive practices, you may be able to sue for damages.
* **Negligence:** Mortgage companies have a duty to act in a reasonable and prudent manner. If your mortgage company negligently causes you harm, you may be able to sue for negligence.
* **Fraud:** If your mortgage company fraudulently induced you to take out a loan, you may be able to sue for fraud.

### **How to Sue a Mortgage Company**

If you believe that you have a valid claim against your mortgage company, you should first try to resolve the dispute with the company directly. If you are unable to resolve the dispute, you may need to file a lawsuit.

To file a lawsuit, you will need to:

1. **File a complaint with the court.** The complaint should state your name, address, and contact information. It should also state the name and address of the defendant (the mortgage company). The complaint should also briefly describe the facts of your case and the legal claims that you are asserting.
2. **Serve the complaint on the defendant.** Once you have filed the complaint, you will need to serve it on the defendant. You can do this by having a process server deliver the complaint to the defendant’s registered agent.
3. **File an answer.** The defendant will have a certain amount of time to file an answer to the complaint. The answer will admit or deny the allegations in the complaint and will state the defendant’s defenses.
4. **Discovery.** Once the answer has been filed, the parties will begin the discovery process. During discovery, the parties will exchange information and documents that are relevant to the case.
5. **Trial.** If the parties are unable to resolve the case through settlement, it will go to trial. At trial, the parties will present their evidence and arguments to the judge or jury.

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### **Damages That You Can Recover**

If you are successful in your lawsuit, you may be able to recover damages. Damages are a monetary award that is designed to compensate you for the losses that you have suffered. The types of damages that you can recover will vary depending on the circumstances of your case. Some of the most common types of damages include:

* **Compensatory damages:** These damages are designed to compensate you for the actual losses that you have suffered, such as lost wages, medical expenses, and property damage.
* **Punitive damages:** These damages are designed to punish the defendant for their wrongdoing and to deter them from engaging in similar conduct in the future.

### **Statute of Limitations**

Most states have a statute of limitations that governs how long you have to file a lawsuit. The statute of limitations for a breach of contract claim is typically four years. The statute of limitations for a fraud claim is typically two years.

If you do not file your lawsuit within the statute of limitations, you will lose your right to sue.

### **Legal Help**

Suing a mortgage company is a complex and challenging process. If you are considering suing your mortgage company, you should consult with an experienced attorney. An attorney can help you to assess your case, file your lawsuit, and represent you in court.

### **Conclusion**

Suing a mortgage company is a major decision. Before you decide to sue, you should carefully consider your options and consult with an attorney.

## **Additional Information**

Here are some additional resources that you may find helpful:

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* [Consumer Financial Protection Bureau](https://www.consumerfinance.gov/)
* [Federal Trade Commission](https://www.ftc.gov/)
* [National Association of Attorneys General](https://www.naag.org/)

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