My loan servicing company says this loan company has absolutely nothing to do with my mortgage, which is in good status.
The attorney won’t return my calls.
I know I have to go to court with proof and have a judge throw it out, but can I sue the attorney and his loan company …and how much could I get in damages for this outrage.
Tags: Action, Against, Attorney, Behalf, Files, Florida, Foreclosure, Inncorrect, Lender
Look up Rule Eleven in the Federal Rules of Civil Procedure. If it is egregious enough to warrant a lawsuit, you basically don’t have to sue. Just demand sanctions under Rule Eleven.
Oh, and attorneys usually don’t take calls from adverse parties. It gets them into trouble when that person later claims the attorney said something they didn’t actually say.
You can sue anyone you want for this “OUTRAGE!” Seems to me that the mortgage company had to prove they held a lein before they could file suit. Maybe you need to look into it beyond your servicing company. They may be sending the payments to the wrong place. The “correct” mortgage company may have sold your loan to this other company and your servicing agent never got the word. Your servicing agent may not be sending your payments to anyone.
What do you mean by incorrect lender?
Lets say your mortgage is through Countrywide and its Well Fargo that filed foreclosure on you. That is perfectly fine because Countrywide sold your loan to another loan company or whatever company decided they wanted your loan and are servicing it.