Individual Borrower Litigation

BuckleySandler defends mortgage lenders and servicers in suits brought by individual borrowers alleging:

  • Unfair, predatory or discriminatory lending practices
  • Breach of contract
  • Fraud, negligence and other common law torts
  • Improper disclosures
  • Improper escrow practices
  • Illegal private mortgage insurance practices, including force-placed insurance claims
  • Unauthorized charges and fees
  • Improper foreclosure practices
  • Federal and state statutory violations

In foreclosure matters, BuckleySandler has significant experience representing mortgage clients in individual borrow challenges to both judicial and non-judicial foreclosures in a variety of jurisdictions. Specifically, we are well-versed in handling individual borrow foreclosure challenges involving:

  • Claims of lack of standing to foreclose
  • Claims the lender is required to present original, signed promissory note to borrower prior to foreclosure
  • Claims of failure to meet required procedures prior to foreclosure