All documentation relevant to a potential lawsuit against your lender and/or servicer is thoroughly reviewed by our attorneys. Of particular relevance are any communications between you and the lender and/or servicer, any foreclosure notices, and any notices indicating substitutions or assignments of interests in your mortgage.
If the documentation and information you provide yields potential causes of action upon which a suit can be based against your lender/servicer, our litigation attorneys will draft a lawsuit uniquely tailored to the individual facts of your situation. A final draft of the Complaint is submitted to you for approval before filing with the Court.
Once your Complaint is filed, your lawsuit is immediately pending before the Court. With a pending lawsuit, our attorneys may seek motions before the judge assigned to your case. If the facts of your case include an impending foreclosure sale, our attorneys will draft an Ex Parte Motion for Temporary Restraining Order which requests that the judge order the foreclosure sale to be temporarily stopped.
After the Temporary Restraining Order expires, attorneys for all parties are called in to Court to argue whether the foreclosure sale should be enjoined until the lawsuit is resolved. The facts unique to your case will largely determine the outcome of this hearing, which is why it is important to have detailed notes and records with regard to the misconduct of the lender and/or servicer. At Newport Law, our attorneys’ preparation is top-notch.
The parties sued in the lawsuit will generally seek to have the Court dismiss your case as a way of avoiding liability. Often, if the facts of your case are strong, only certain components of a case will be dismissed while others will remain in full force. Even if only one claim survives the dismissal attempts, the remainder of the case may press onward and will be scheduled for trial.