SMITH LAW represents individuals in a wide range of consumer protection matters. Particularly, SMITH LAW has extensive experience representing homeowners in disputes involving wrongful foreclosure actions in Georgia based upon:
Located in Gwinnett County northeast of Atlanta, we work with clients throughout Georgia.
A wrongful foreclosure situation can arise as a result of misapplied payments, errors in interest charges, improper fees, and situations where the servicer forecloses in its own name when it does not own the homeowner’s note.
Recently, an increasing number of wrongful foreclosures have arisen from fraudulent loan modification offers. This generally occurs where the bank tells the homeowner that in order to be evaluated for a loan modification he/she must miss anywhere from one to four mortgage payments. Once the homeowner falls behind on his/her mortgage payments, the bank represents to the borrower that he/she is being evaluated for a loan modification, while simultaneously commencing foreclosure of the homeowner’s property. Additionally, fatal errors related to the transfer of loans that were pooled into “securitization trusts” on the secondary loan market may prevent the creditor from foreclosing altogether.
A Georgia wrongful foreclosure lawsuit may take several years to resolve. Prior to the foreclosure sale, the homeowner may petition the court for an injunction in order to stop the foreclosure sale while the lawsuit is pending. If the foreclosure action is successful, the creditor could be enjoined (stopped) from foreclosing. Generally, an injunction may be granted where:
When a foreclosure action is brought after the foreclosure sale has occurred, a prevailing borrower may either have the sale set aside or may receive monetary damages.
SMITH LAW works on behalf of its clients to recover damages incurred as a result of wrongful foreclosure. Specifically, victims of wrongful foreclosure may recover either title to the property or the greater of the value of the property at sale or the borrower’s equity in the property (less any amount still owed to the foreclosing entity). Additionally, where the bank committed fraud or acted with willfulness or malice, victims of wrongful foreclosure may also recover punitive damages, attorneys’ fees and court costs.
SMITH LAW primarily provides “unbundled” services on an hourly, flat fee, or “fee per project” basis to its consumer protection and foreclosure clients. Unbundled services consist of consulting, conducting legal research and drafting legal research memorandums, pleadings, motions, briefs and discovery for pro se litigants. Additionally, SMITH LAW occasionally represents consumer protection and foreclosure clients in a more traditional “trial lawyer” arrangement designed to provide direct representation throughout an entire lawsuit.
If you are facing home foreclosure in Georgia and are considering a wrongful foreclosure lawsuit, contact SMITH LAW for a free consultation about how we can help. Located in Gwinnett County, we serve clients in the Atlanta area and throughout Georgia.