Author Topic: If I Sue My Mortgage Co under TCPA, can they Counterclaim with a Foreclosure?  (Read 1077 times)

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HarryC

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The title says it all.

I have my mortgage company on @ $50k in TCPA violations.  If I sue them over the violations, can they turn around and foreclose as a counterclaim?

They are probably going to try to foreclose at some point anyway, but I don't really want to rush it,

On the other hand, if I go after them ahead of time, it may be tougher for them to put their hands on all of the documents pertaining to my loan.

Does anyone know of any cases that show the answer one way or another?

Thanks!    :sharked:
I'm not a lawyer and I'm not even very smart.  You'd be well advised not to listen to anything I have to say.

KFMAN

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Since it's in State court I would say yes.

It's been mentioned several times before, not to cash your $50,000 check before you receive it, although the violations might help settle other issues .  $5,000-$10,000 is a lot more realistic as long as you have solid evidence.  I would read the TCPA thread.

howucantoo

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I am in a same situation .

Have over $160K in TCPA and per advise of an attorney a very good chance to cash in on more than half, but I'll be waiting.

You see, if the mortgage company has not foreclosed (as mine hasn't, lets say, due to internal issues), you need leverage

in case they do and there is a deficiency or any other problems, which may require you to pay out of pocket.

TCPA has a 4 year SOL .

My case was dismissed w/o prejudice about 9 months ago, but now I got even more violations (FCRA, FDCPA, RESPA, etc) on

lender and its collectors and it keeps accumulating. (FDCPA for CAs has 1 year SOL).




I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

KFMAN

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Your attorney says you can get $80,000?  What are you waiting for?

howucantoo

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There is time for everything , why rush when you are on a roll?
I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

uglyjimmy

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I am in a same situation .

Have over $160K in TCPA and per advise of an attorney a very good chance to cash in on more than half, but I'll be waiting.

You see, if the mortgage company has not foreclosed (as mine hasn't, lets say, due to internal issues), you need leverage

in case they do and there is a deficiency or any other problems, which may require you to pay out of pocket.

TCPA has a 4 year SOL .

My case was dismissed w/o prejudice about 9 months ago, but now I got even more violations (FCRA, FDCPA, RESPA, etc) on

lender and its collectors and it keeps accumulating. (FDCPA for CAs has 1 year SOL).

Could you please elaborate on HOW you have them on so many expensive violations,  and was it phone related?

Thanks!

howucantoo

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I have the original contract/note with my home phone number listed  not my cell phone, don't know how they got my cell number. (skipped traced it).

The bank's collection agency auto-dialed my cell phone 5-9 times a day this was after filing suit  and  while we were in court .

I have auto recorded with computer messages (not a human voice)

Calls  were within five minutes or even seconds of each other and as soon as I'd hang up  with one another call from a different number would dial.

I recorded  conversations on tape , printed pictures of the caller ID and created an extensive  call log with time, date and names.

I sent  CMRR  letter to stop calling my cell phone after signing it calls got even worst  and more aggressive all a while suing me in court.

I also have proof that a potential employer could not get through  (I have the email from that company). Job went to another,

because I couldn't be reached ! Caller ID pictures prove during that time I had 3 calls from these scumbags.

I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

duckncover

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Wish mine would call my cell number. They call every other number except my cell umber...
All replies are my opinion and in no way should be considered legal advise. For legal advise you should consult with a licensed attorney.

HarryC

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Mine is the same.  Auto-dialing my cell phone.

I would love to file a lawsuit against them, but it would have to be in state court, and I don't want to invite a foreclosure suit.
I'm not a lawyer and I'm not even very smart.  You'd be well advised not to listen to anything I have to say.