Understanding Wrongful Foreclosure in Tennessee

Fighting on behalf of the oppressed from offices in Nashville, Gallatin and Knoxville

It is difficult to imagine a situation more stressful than living with the idea that the bank is getting ready to swoop in and take your home away when you know that they do not have the proper standing to do so. The compassionate attorneys at the Rocky McElhaney Law Firm stands with the citizens of Tennessee who could benefit from having a strong advocate on their behalf when they go up against the big banks to fight for their homes. We help shoulder the legal burden, put a halt to the foreclosure proceedings while your case is pending, and fight for your right to recover any damages incurred during the wrongful foreclosure process. When someone is trying to push you out of your home, RML will fight for justice and for your future.

What is wrongful foreclosure?

One of the unfortunate consequences of the banking and housing finance crisis that began to emerge in 2008 in the U.S. has been the practice of mortgage fraud and wrongful foreclosure for millions of American homeowners. There is a host of different types of actions that are included in wrongful foreclosure, some of which include:

  1. Homeowner facing foreclosure, but they are not in default
  2. Homeowners who were informed that in order to be eligible for a loan modification, they had to first fall behind on their mortgage, and then found themselves in the foreclosure process.
  3. Homeowners who might have been behind on their mortgage but could have gotten caught up if it were not for additional fees.
  4. Mistaken foreclosures due to the dual track of foreclosure and loan modification processing.
  5. Foreclosures in which the bank can’t prove it has standing to foreclose.

What damages might be available to victims of wrongful foreclosure?

There are damages available to borrowers which includes compensation for the emotional distress caused by the wrongful foreclosure, and possible punitive damages if there is evidence of fraud or malice in the mortgage servicer’s conduct or communications. If the borrower can successfully prove that the foreclosure was indeed wrongful, the mortgage servicer may have to cancel the foreclosure sale and pay the borrower’s legal fees.

Working with an attorney to help with your wrongful foreclosure claim

Rocky McElhaney understands how frightening it can be to face the prospect of being forced out of your home under the threat of foreclosure. RML Associate, Steven Fifield, helped a 78 year old Nashville widow named Helen Bailey stave off foreclosure and come to an agreement with JP Morgan Chase that would allow her to remain in her Nashville home for the rest of her life. As a disabled widow living on Social Security as her primary source of income, Ms. Bailey fell behind on her mortgage when her daughter, who had been living with her and helping her with the mortgage payments, moved out. Along with the efforts of Occupy Nashville and their ability to gather more than 80,000 signatures on Change.org, and garner press coverage of Ms. Bailey’s plight on MSNBC, Huffington Post and other media outlets, Mr. Fifield was able to negotiate a reverse mortgage which would allow her to remain in the home. Next he worked on creating a trust for all of the donations to Ms. Bailey that will pay her property taxes and homeowners’ insurance.

Clearly there are many factors that can cause wrongful foreclosures, and a lawyer at RML can review your case and investigate the situation in order to determine if it is indeed a wrongful foreclosure and how it can be resolved. You would need to work with an attorney who has experience handling foreclosure cases because they know exactly which documents to ask for and how to obtain all of the necessary evidence they would need in order to defend your case. Your attorney can petition the court on your behalf to put a hold on the foreclosure proceedings while your case is being resolved.

Since the firm’s inception, the Gladiators in Suits at the Rocky McElhaney Law Firm have been committed to fighting for the rights of the people of Tennessee. In the same way that they stood in the gap and found a way for Ms. Bailey to stay on her home despite the odds against her, the legal team at RML will continue to work on behalf of their clients and obtain justice on their behalf.

Let Rocky protect your home and your family

If you are facing what seems like a wrongful foreclosure action, the legal team at Rocky McElhaney Law Firm will work diligently on your behalf to protect your rights. You may call 888-619-5549 or contact the firm online to schedule a free initial consultation. From our offices on world famous Music Row in Nashville, the Rocky McElhaney Law Firm represents clients throughout the state of Tennessee, including Gallatin and Knoxville.