What are my chances of winning a foreclosure counterclaim?
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What are my chances of winning a foreclosure counterclaim?
I got behind on my mortgage. I was offered a modification accepted and money changed hands. After that they say that they I got behind on my mortgage. I was offered a modification accepted and money changed hands. After that the bank discovered a math error in their favor. They then revoked the contract and made a far worse offer. Terms went from 15 years to 12 years, principal went up by $2000 and payment increased by $180 to above the amount of the original mortgage. Can I file a counterclaim to void the contract collect damages and collect punitive damages?
Asked on February 17, 2012 under Real Estate Law, Illinois
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It is very hard for me to give you a legal opinion as to your chances for winning a foreclosure counter claim based upon the brief fact pattern that you have written.
From your question, there seems to be some irregularities concerning your agreement with the lending institution after you paid money as consideration for the loan modification. I suggest that you get all paperwork in order concerning the question that you have written and consult with a real estate attorney to assist you. What you have written requires analysis of the written agreements and any e mails and letters sent to you and sent in return to the lender.
Possibly you could file suit to terminate the agreement you signed based upon misrepresentation after you have consulted in detail about the circumstances of your question.
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