Mortgage Foreclosure Defense Lawyers Serving Clients in Maryland, Virginia and Washington, D.C.
We know how important your home is. It is more than an investment. Beyond a roof over your head, your home holds memories and the hopes and dreams of you and your loved ones.
But homeowners often struggle with their mortgage service company. The most common problem comes when the homeowner defaults on their mortgage loan. When this happens, it can threaten the very walls that surround you and your family. Mortgage lenders and service companies may be eager to seize your assets and recoup their investment.
It’s easy to fall behind on mortgage payments due to sudden illness, excessive debt, divorce, or other life disruptions. When this happens, financial stresses can feel like a quagmire. Is the only outcome foreclosure? Will you lose your home?
If you’re behind on your mortgage loan and are facing foreclosure, it’s important to know that there may still be options available. But you need to seek from an experienced team of Washington DC-area mortgage foreclosure defense lawyers. We work with clients throughout the District, Maryland and Virginia (DMV).
We can protect more than your credit — the firm of Gowen Silva & Winograd, PLLC, knows that your home is more than a valuable asset, and we will work tirelessly to protect it.
Washington DC Mortgage Servicer Litigation
When it comes to your home, we understand the emotional and legal high stakes you’re facing. Gowen Silva & Winograd can help at all stages of the foreclosure process as well as with unfair or deceptive loan practices, or even mistakes on the homeowner’s loan account.
Mortgage service companies could be the banks that hold your loan, or it could be a separate company that simply collects payments and funnels them to the lender. Either way, these institutions handle millions of dollars in homeowner payments, and sometimes, they can make mistakes. It’s a frustrating situation for homeowners who wait on hold, seek answers, and struggle to understand what went wrong.
But federal and state laws now exist that can protect you. The Real Estate Settlement Procedures Act (RESPA) can help you dispute mortgage service errors. Some of the more common types of mortgage service company errors can include:
- Conflicting behaviors such as pursuing a foreclosure simultaneous to working out a payment modification or arrangement
- Failing to pay escrowed taxes or homeowner’s insurance
- Failing to provide all of the options during the foreclosure process
- Imposing unfair or improper fees, penalties, or charges
- Improperly applying payments
- Improperly conducting the foreclosure process
If you’re a homeowner with a mortgage loan, the law is on your side. In addition to RESPA, state and federal regulations force mortgage service companies to play fairly instead of taking advantage of the homeowner for financial gain. Some of the laws designed to help homeowners in these situations include:
- Financial privacy rules in Title V of the Gramm-Leach-Bliley Act
- The Equal Credit Opportunity Act (ECOA)
- The Fair Credit Reporting Act (FCRA)
- The Fair Debt Collection Practices Act (FDCPA)
- The Truth in Lending Act (TILA)
While these are just a few of the regulations designed to help you protect your home, there are others, including state and regional consumer credit and debt collection rules.
Gowen Silva & Winograd PLLC can leverage all of these rules in our vigorous defense of your investment. Foreclosure is not inevitable with the right legal partner on your side.
Lender Litigation to Protect Consumer Rights
After the 2008 mortgage lending crisis and subsequent recession, Congress and state legislators passed laws and rules to protect the rights of consumers. Now, loan modification rules can keep families in their homes past loan defaults. Having an experienced Washington DC mortgage lawyer on your side can reduce deficiency judgments and pursue compensation from banks and mortgage service companies for violation of state and federal laws.
Gowen Silva & Winograd, PLLC, represents homeowners in their fight to seek fair treatment under the law. Our seasoned foreclosure lawyers can carefully analyze your individual situation and determine the best solution to settle your case quickly, maximize your return, and lessen your emotional stress.
The approach we select will always be in your best interests with the goal of reducing the expense of additional litigation while still keeping your home. As an individual homeowner, you are facing behemoth mortgage service firms with a cadre of legal litigators at their beck and call. You do not want to meet this experience alone — and with Gowen Silva & Winograd, PLLC, you don’t have to.
Implementing the best foreclosure or another type of defense requires the help of a trained and experienced legal team that can negotiate with your lender and potentially litigate to achieve the best possible outcome for you and your family.
Finding the Right Residential Mortgage Attorney
Purchasing a home is usually one of the most significant investments you will make in your lifetime. Errors can occur during this complicated process. Understanding your rights before, during, and after the purchase of a home is just one way that Gowen Silva & Winograd, PLLC, can help your family.
Far too often, life circumstances can affect your ability to pay on an existing home loan. While you know that breaching the loan agreement is a serious issue, life can simply get in the way of your ability to fulfill these terms. But remedies exist that can allow you to continue to keep your home while maintaining your credit.
When legal issues threaten your home ownership, our firm can help. While foreclosure is the most common issue that can occur to disrupt the relationship between lender and borrower, other legal disputes include:
- Mortgage fraud, which can occur when incorrect or false information is provided during the loan application process.
- Predatory lending practicestarget susceptible potential buyers to offer loans at higher interest rates or with unreasonable loan terms.
- Discrimination in the lending process is real, and although laws exist, such as the Fair Housing Act and the Equal Credit Opportunity Act, some potential home loan applicants can be denied due to characteristics like gender or race.
Our firm works hard every day to put the rights of consumers ahead of the interests of mortgage lenders. Gowen Silva & Winograd PLLC works to mitigate the human and financial costs associated with:
- Injunctive relief from lenders
- Loan modifications and negotiations
- Residential and commercial foreclosures
- Receivership litigation
- Tax sales
- Title defect resolution
There are many types of disputes that can arise with a mortgage lender or servicing company during these transactions. Fortunately, homeowners throughout the DMV have access to the experienced team at Gowen Silva & Winograd PLLC. Contact us today at (202) 408-5400 or by using our website contact form for a free evaluation of your case.