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A common thing that I hear from new callers and clients is that their lender or servicer actually told them to stop paying the loan in order to qualify for a HAMP loan modification. It is an astonishing thing. What many homeowners do not know at the time is that this very same lender will likely be in a foreclosure court months later claiming the right to foreclose because of this default. This type of bad faith behavior is rampant throughout the mortgage industry. In an individual case, this type of conduct may give rise to several defenses including breach of contract, fraud, bad faith in violation of the NY mandatory foreclosure settlement conference requirements, equitable estoppel, unclean hands, and breach of the implied covenant of good faith. My firm is actively litigating these types of claims in the New York Supreme Court to protect owners of residential and commercial property. If you have a mortgage problem and want some advice, please email or call us to discuss it.

ATTORNEY LANIN FINISHES 3 MONTH TRIAL – POST TRIAL BRIEF ON FIDUCIARY LIABILITY

February 10, 2012/in Law Firm News /by Scott Lanin

Please read our NY Business & Real Estate Litigator Blog post: Establishing A Breach Of Fiduciary Duty In A Commercial Case

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Cases and disputes can vary in complexity. Some can be handled in a routine 20 minute phone consult. More complex matters will require time to review and analyze documents and legal issues. If your matter is more complex, we may offer you a paid one hour consultation or hourly services, depending on the time needed to properly evaluate your situation. We always require a signed retainer agreement before we begin to provide legal services. The agreement will detail the scope of services included as well as your rights as a new client.

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When The Mortgage Lender Or Servicer Causes The Default

ATTORNEY LANIN FINISHES 3 MONTH TRIAL – POST TRIAL BRIEF ON FIDUCIARY LIABILITY

When The Mortgage Lender Or Servicer Causes The Default

ATTORNEY LANIN FINISHES 3 MONTH TRIAL – POST TRIAL BRIEF ON FIDUCIARY LIABILITY

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When The Mortgage Lender Or Servicer Causes The Default

ATTORNEY LANIN FINISHES 3 MONTH TRIAL – POST TRIAL BRIEF ON FIDUCIARY LIABILITY

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