Can I file suit against a home mortgage bank?

About 2 years ago the bank made a computer error on their end that put a stop on payments on our mortgage (they would not accept payments, and actually returned one of the payments I managed to get through to them). Subsequently, they entered our mortgage into foreclosure. By the time they fixed their internal error it was about four months later and they had put us into foreclosure, refused to modify the loan or better yet- correct their error to begin with. Instead, they filed court paperwork demanding the full amount due on the loan. In all of this, it goes without saying that they reported our credit negatively (even though it was because of their errors…).

Asked on September 11, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the reason for these negative consequences was bank error as you indicate, then you may be able to sue the bank: when a business or person costs someone else money or otherwise damages them through their negligence, or unreasonable carelessness, they can be liable for the costs or damage they do or inflict. From what you write, it would be worthwhile for  you to meet with an attorney to discuss the case and your possible recourse in detail. Good luck.


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