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Payton Legal Group represents Chicago consumers in matters of foreclosure, bankruptcy, consumer rights, mortgage issues, and

PhPh. 773-682-5210     e. info@payton.legal     w. payton.legal

Suing Banks and Loan Servicers to Enforce Borrowers’ Rights

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In addition to defending homeowners in state

court foreclosure actions, changes in federal

law have imposed strict standards of conduct on banks and mortgage loan servicers.

These laws provide powerful legal tools to hold financial institutions accountable when they fail to meet their legal obligations.

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Payton Legal has been a national leader in bringing lawsuits on behalf of borrowers who have been wronged by their mortgage lenders and loan servicers. We regularly enforce borrowers’ rights under Regulation X of the Real Estate Settlement Procedures Act (RESPA) and Regulation Z of the Truth in Lending Act (TILA).

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Many borrowers—including those who are behind on their mortgage payments, involved in a state court foreclosure, or currently in a Chapter 13 bankruptcy—may have valid legal claims against their mortgage loan servicer, even while the foreclosure is pending.

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Common Violations That May Create Liability

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The following conduct may trigger liability under Regulations X and Z, entitling borrowers to statutory damages of $1,000 to $4,000, compensatory damages, and attorney’s fees, including damages for emotional distress, credit harm, and other financial losses:

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  • Failure to Timely Process Loss Mitigation Applications
    Loan servicers must evaluate complete loss mitigation applications—including loan modifications, deeds in lieu of foreclosure, and short sale requests—within 30 business days. Servicers are also required to request any additional documents within five business days of receiving an application.

     

  • Dual Tracking Violation:

Once a borrower submits a loss mitigation application, federal law imposes a 120-day prohibition on advancing foreclosure activity. This includes filing a foreclosure action, scheduling or conducting a foreclosure sale or sheriff’s sale, moving for summary judgment, presenting evidence at trial, or taking any action to advance judgment or sale before assessing late fees or other charges.

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  • Failure to Disclose Ownership of the Note and Mortgage:
    Under TILA, servicers must respond to proper written requests for information regarding the ownership of the note and mortgage within 10 business days.

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  • Failure to Provide Loan Information:
    Servicers must provide accurate information regarding loan payments, payment history, and other loan details within 30 business days of a proper request.

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  • Improper Application of Mortgage Payments
    Mortgage payments must be credited on the day they are received and applied to principal, interest, and escrow before assessing late fees or other charges.

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© 2023 Payton Law Group

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Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. We are a debt relief agency. We help people file for relief under the bankruptcy code.  Attorney Rusty Payton and Payton Legal Group LLC are responsible for the content of this site.  Attorney Rusty Payton is licensed to practice law by the Supreme Court of Illinois and by the United States District Court for the Northern District of Illinois and the United States Bankruptcy Court for the Northern District of Illinois. The Supreme Court of Illinois does not recognize certifications of specialties in the practice of law. Certification is not a requirement to practice law in Illinois. 

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Attorney Rusty A. Payton has practiced in Chicago for the last thirty years. He is an honors graduate of the Ohio State University and the Ohio State College of Law. His practice areas are centered around helping people and businesses with some of the most important aspects of their financial lives. Buying a home, signing a lease, getting a security deposit back, forming a new business, filing bankruptcy, negotiating debt relief, dealing with foreclosure or working with a mortgage lender to modify a loan or perform a short sale - these are all common aspects of the firm's practice.

Mr. Payton's overriding concern is to always match his clients' goals with the best and most practical legal solution.  He does this by listening, communicating and employing legal strategies and remedies that suit the particular client situation. He understands that every client brings a unique set of facts and circumstances to the table.  His work on behalf of all clients is just as personal.  At our firm, clients are treated with the utmost respect, and their legal needs are met with exceptional attention to detail, understanding and professionalism.

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