How to File Suit to Sue a Bank for Illegal Foreclosure

by Valencia Higuera ; Updated July 27, 2017

Your mortgage lender has the right to take your property if you stop making payments. Missing one month's payment might not trigger a foreclosure, but if you repeatedly skip payments and fail to make arrangements, lenders typically start the foreclosure process after 90 days. You can't fight a legitimate foreclosure, but if your lender forecloses illegally or unreasonably, you can file a suit against the bank.

Step 1

Hire a real estate attorney or an attorney who's knowledgeable about foreclosure proceedings. The attorney will gather your information, file a suit with the local court system and represent you in court.

Step 2

Present any forbearance or loan modification agreements. Lenders might offer forbearance or modify your existing loan to help if you can't pay the present mortgage payment. You can stop making payments with forbearance, and modifications typically allow reduced payments. If your lender forecloses after agreeing to either provision, provide your attorney with written evidence of this mortgage arrangement and sue the lender for breach of contract.

Step 3

Show proof of payments. A servicing error, perhaps from a wrongly listed account number, may show that you haven't paid your mortgage. If a lender forecloses and you've made every mortgage payment, print bank statements or canceled checks to provide proof of payment. Give this information to your attorney.

Tips

  • With the help of an attorney, you can possibly win a suit against a mortgage lender if the company failed to give you notice of the impending foreclosure or failed to disclose mortgage terms and conditions.

About the Author

Valencia Higuera is a freelance writer from Chesapeake, Virginia. She has contributed content to print publications and online publications such as Sidestep.com, AOL Travel, Work.com and ABC Loan Guide. Higuera primarily works as a personal finance, travel and medical writer. She holds a Bachelor of Arts degree in English/journalism from Old Dominion University.

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