Here's the HAMMER You Need to Win a Mortgage Dispute
Copyright © 16 January 2014 by Bob Hurt . All rights reserved. Distribute reely.
Law provides litigantsettlement procedure
Florida statute 45.061 (see below text) mightinterest you with respect to settlement of amortgage dispute (or any other inury lawsuit) inFlorida. !imilar statutes might exist in other states. "f you negotiate a settlement from a position of strength# such as by suing a lender or lenders with$alid causes of actions re$ealed in a comprehensi$emortgage examination report# the lender has astrong incenti$e to settle.
Ultimate Negotiating Hammer
%ote that lenders seem most willing to settle whenyou ha$e a case against them that they &now willcrush them in court# particularly in a ury trial inwhich the urors probably ha$e all suffered inury by (and hate) predatory lenders. 'any lenders will not ta&e you seriously till a competent inurytort attorney files the complaint or countercrossclaim against them. *hen that happens# they might beg the inured party to come to the negotiating table. +hus# the mortgage examination report pro$ides the tort attorney and inured client with a huge ,%egotiating -ammer, with which to intimidate recalcitrant ban&s into settling ,reasonably.,
Notice of Grievance (NOG)
+he mortgagor has a legal duty to the owner of beneficial interest in the note under section 0 of the Freddie 'ac standard mortgage security instrument /010 (Florida example)# to wit xcerpt From !tandard 'ortgage !ecurity "nstrument
20. Sale of Note !"ange of Loan Servicer Notice of Grievance.
+he %ote or a partialinterest in the %ote (together with this !ecurity "nstrument) can be sold one or more times without prior notice to 2orrower. 3 sale might result in a change in the entity (&nown as the oan !er$icer) thatcollects 7eriodic 7ayments due under the %ote and this !ecurity "nstrument and performs other -ere8s the -3''9 :ou %eed !ettle 'ortgage ;isputes