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How Litigation Works

Step One Phone Call & Evaluation

Free phone conference with one of the firm’s real estate attorneys to discuss your situation and merits of your case. During this initial phone call, the attorney will discuss how the litigation case will proceed in court and walk you through a step by step approach to how Wrongful Foreclosure litigation cases work.

Step Two Prepare & File Lawsuit (Complaint)

Our attorneys will review the facts of the case and will draft potential cause of actions which your lawsuit against your lender will be based on. Each case is very fact specific, as such each Complaint that is drafted by our firm is tailor made to your own situation and your own grievances against your lender.

Step Three Rescinding/Cancelling Your Property Sale

After filing the complaint, our office will evaluate your case and start negotiations with your lender’s attorney regarding rescinding the foreclosure sale on your property. In other words, if the facts of your case permit our office will unwind the sale and get you your property back.

Step Four Negotiations & Settlement

After the filing of the Complaint, your lender will typically attempt to dismiss the case in order to avoid liability. However, if your case has merit, and even if a single claim remains, your case moves forward. Concurrent with the lender’s attempt to dismiss your case, our office begins negotiations with the lender’s attorneys. As a majority of “Wrongful Foreclosure Litigation” cases resolve prior to trial, as discovery and trial could be very costly for the lender, our office typically reaches a resolution on your case which is favorable to you. Resolution can be in the form of a rescission or cancellation of the sale of your property, a loan modification, or monetary damages.

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Frequently Asked Questions

Our firm starts by assessing your individual situation in order to file a lawsuit against your lender/servicer/trustee. After filing a lawsuit, we typically will attempt to first negotiate with the party sued to determine if we can amicably resolve our case, by either a rescission of the sale of the property and/or monetary damages. Concurrently, the parties sued in the lawsuit will generally seek to have the Court dismiss the lawsuit in order to avoid any potential liability. Even if a single cause of action survives the dismissal attempt, the case will move forward and trial will be set. Our ultimate purpose in the litigation is to negotiate a settlement favorable to our client prior to trial.

The materials on this website are provided for information purposes only and do not constitute legal advice. Nothing on this site is intended to create an attorney-client relationship. In addition, the above referenced “case samples” are for information purposes only, and do not in any way constitute a guarantee or warranty by RA & Associates, APC, its attorneys or affiliates. The individual facts of your case may vary. As such, we recommend you contact our office to speak to one of our attorneys about your case.