Wrongful Foreclosure Lawsuit Filed Against Mortgage Company

August 2009

Douglas Hargett and Mike Tanner filed a lawsuit against a mortgage company for wrongfully instituting foreclosure proceedings against a borrower. The mortgage company allegedly told the borrower that if he stopped making mortgage payments for several months and went into default on his loan, the mortgage company would then agree to modify the terms of his loan. The borrower relied on these representations, however, the mortgage company failed to follow through on the loan modification and instituted foreclosure proceedings on the borrower's home. At the time the complaint was filed, Douglas and Mike successfully obtained a TRO and secured a preliminary injunction stopping the foreclosure proceedings. The borrower is seeking a loan modification, as well as compensatory and punitive damages.

Related Practice Area: Insurance & Bad Faith Litigation