Sometimes you're left with no choice but to sue!
You're here because you're thinking of suing your mortgage servicer. A lawsuit should be your very last resort after exhausting all other efforts. This includes having first sent a demand letter that was ignored. I would highly recommend retaining an attorney to handle this for you.
Of course, you can file a lawsuit on your own, pro se, but it will require an the enormous and amount of time and effort! A lawsuit can quickly become a full-time job! If you go the attorney route, please make sure that you hire one that is familiar with RESPA. Unless RESPA is applied within the context that it needs to be, your lawsuit may be dismissed. It's surprising how often this happens! In addition, you must have damages and those damages must have been caused by your mortgage servicers lack of response. Postage and attorneys fees connected with the first QWR, NOE, or RFI will not fly! So essentially your damages must occur after receiving a response that either didn't correct an error, or provide you with the information requested. And emotional damages are acceptable damages under RESPA.
So to determine if you have a RESPA violations case with merit, you must:
- Have a violation
- Suffer actual damages as a result
Send an intent to sue or demand letter:
G0 to your Secretary of State's website and locate the Registered Agent for the servicer, you intend to sue. That's where you send the letter. Your letter should plainly state your grievance(s) and your allegations must be factual and assert a claim upon which relief can be granted. So in essence, you must have a valid federal or state law claim. Your letter should also include a time to limit to respond.
As this site expands, I'll include cases that you or your attorney can reference.
* This website is currently under development. Please check back for updates and for sample demand letters, complaints, and other legal forms that you can download and edit.
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