Disputing mortgages and navigating property litigation

On Behalf of | Sep 12, 2024 | Real Estate Litigation

Buying property, whether it’s for a home or a business, is one of the most important purchases someone can make. But sometimes, there are issues with the mortgage used to purchase the land. When problems arise like this, it may be best to dispute the mortgage to find a new agreement. Disputing a mortgage is complex but possible under certain conditions. 

Reasons to dispute

Homeowners might question their mortgage’s validity for various reasons. There may be errors in the loan paperwork, the loan’s terms, or even predatory lending practices. In some cases, disputes may arise if a borrower believes the lender did not properly follow foreclosure procedures or if there are discrepancies with payment records. The borrower may even suspect mortgage fraud. 

The litigation process

The process for disputing a mortgage typically involves reviewing the loan agreement and identifying any possible legal violations. You should gather all relevant documents, such as payment records or correspondence with the lender. Property litigation is often lengthy and requires a significant time investment. Because it often takes a long time, it also requires patience. However, if you can identify a legitimate issue, you may be able to correct the problem or even cancel the mortgage.

The importance of understanding

Disputing a mortgage or engaging in property litigation requires a strong understanding of your rights. Each situation is unique, so the success of a dispute or litigation will depend on the specific facts and circumstances. But if your issue is egregious enough that it requires litigation, going through this process can be worth it.