Mortgage Problems

Regardless of whether disability, illness, or mounting debt threatens your home with foreclosure, there are legal options available that can save your home. At the Law Offices of David B. Shaev, we review the terms of your mortgage, whether or not questionable lending and marketing practices were involved in refinancing it, and whether you are eligible to file for Chapter 13. Since banks prefer continued payment on loans to outright default and bankruptcy, it may be possible to negotiate terms that allow you to catch up on missed payments and arrears. When this isn’t possible, Mr. Shaev analyzes the terms of your mortgage, as well as the actions of your mortgage broker to determine if you were misled or taken advantage of. Especially in cases involving subprime mortgage rates, lenders use a number of unscrupulous, actionable techniques to defraud or manipulate homeowners into accepting onerous terms likely to bankrupt them.

The Law Offices of David B. Shaev represents clients in cases involving the following:

  • Interest only mortgages
  • Variable rate mortgages
  • No interest rate mortgages
  • 2-year variable, 48-year fixed mortgages
  • Chapter 13 bankruptcy

We Understand what Banks don’t want You to Know

Banks and other financial institutions use a number of accounting and book keeping tactics that can negatively impact borrowers and consumers while appearing perfectly above board. For instance, mortgage companies don’t always maintain a proper history of a loan, including real estate taxes that should be included in an escrow account. Or, a lender may report funds in two different places, allowing them to charge fees or penalize a borrower when money intended to apply to a loan’s balance is shifted to an auxiliary account. Why is it important to understand these and other kinds of misleading financial practices?

If you file Chapter 13 bankruptcy to save your home, you will be required to submit to a payment plan agreed to by you, your lenders, and the court. However, if your lender charges you with several thousand dollars in fees and penalties due to illegitimate accounting practices, your ability to gain your financial footing again could be compromised.