If we were coerced in to a mortgage by a private party and would like t contest and have it discharge, who should we contact for help?

Get Legal Help Today

 Secured with SHA-256 Encryption

If we were coerced in to a mortgage by a private party and would like t contest and have it discharge, who should we contact for help?

I have very limited income currently and need to contest a mortgage. What should I do?

Asked on May 9, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Coercion in a legal sense means forced by illegal threats: for example, threats of violence or blackmail. If they did use such illegal threats, you  can potentially void, or undo, the mortgage, but as part of doing so will have to return 100% of the money you received from it. (When the mortgage is vacated, it is like it never happened, so you can't keep any money received.)
If you were the victim of this kind of illegal threat and have the means to return the money, you can bring a legal action to void the mortgage (you would seek a court "declaratory judgment" that the mortgage is void, and court order vacating it), but such an action is not simple or easy and you would be well advised to retain an attorney.
But if by "coercion," you don't mean the use of illegal threats, just that someone "pressured" you to take out the mortgage (like a high-pressure used car salesman might), then you cannot get out of the mortgage. People can engage in "hard sales tactics" to get someone to enter into a transaction and that is perfectly legal; therefore, there is no ground to void the mortgage.
Your limited income is irrelevant: your personal situation does not overrule the contractual obligations you took on in taking out the mortgage.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption