Dallas Lender Bad Faith Attorneys
Foreclosures always hurt, but they can feel all the more painful when you yourself have been doing everything right. Foreclosure meditations were put in place to stop unnecessary foreclosures from happening, yet all too often, lenders take advantage of the process, using every tool at their disposal to intentionally delay or derail the mediation and hold the door open for the impending foreclosure. Certain delays may be due to a heavy workload or even just incompetence, but when lenders intentionally try slow or sabotage the mediation process, they engage in bad faith behavior. If this can be proven, a judge may order them to get the process back on track, or even to stop the foreclosure.
Lenders who engage in bad faith practices to disrupt negotiations can make it impossible for even the best-meaning debtors to pay off their debts and regain financial stability. At Gagnon, Peacock & Vereeke, P.C., we believe homeowners facing foreclosure deserve every opportunity to reach a fair agreement with their lenders, and we are committed to stopping any lender who would wrongfully deny them that opportunity.
What Is Lender Bad Faith?
In the context of foreclosure negotiations, a lender is said to be acting in bad faith if they do anything to intentionally slow down or disrupt the negotiation process. This kind of behavior can take a number of forms, but it always has the same result: an unnecessarily difficult time for the debtor. Bad faith practices in foreclosure negotiations can include:
- Failure to give you timely notice of any updates in the process
- Breaching terms set out in your contract
- Intentionally misrepresenting how much you owe
- Attempts to collect taxes that aren’t really due
This is not an exhaustive list of ways a lender can act in bad faith, but they are common examples of kinds of behavior to watch out for. If your lender has acted in any of these or similar ways and it has disrupted your foreclosure negotiation process, you may have legal options at your disposal to get them in line.
What Can I Do About Lender Bad Faith?
If you believe your lender has acted in bad faith, you may choose to take legal action against them. In Texas, there are no specific criminal penalties on the books for bad faith practices in foreclosure negotiations, but a judge might still order the lender to change their behavior. In order to prove that the lender is acting in bad faith, it is important to seek legal assistance as soon as possible from a foreclosure attorney. An experienced lawyer will know what signs to look for and will be able to help you put together a convincing case that your lender is acting in bad faith.
In terms of what kind of remedy you can hope for after successfully proving bad faith since there are no specific penalties on the books, it will depend on the circumstances of your case and what the judge is willing to do about it. In a run-of-the-mill case in which the lender is simply stalling, the judge may order them to pick up the pace and move forward in the negotiation process. In extreme cases in which the lender has acted in egregiously bad faith and completely derailed any hopes of negotiations, the judge might even order them to stop the foreclosure. An experienced foreclosure attorney will know what kind of remedy you can realistically seek to get your lender in line and get you back on track to paying off your debts.
Contact a Dallas Lender Bad Faith Attorney Today
When lenders act in bad faith, they betray your trust and set you on an uneven playing field as you make an honest effort to pay back your debt. This betrayal can make the already-difficult process of fighting a foreclosure even more of a headache. You don’t have to face this tough time alone. An experienced Texas foreclosure attorney can help you fight your foreclosure from every angle, including a bad faith claim against a deadbeat lender.
If you believe your lender is intentionally making the negotiation process difficult for you, the Dallas lender bad faith lawyers of Gagnon, Peacock & Vereeke, P.C. are here to help. We will examine every detail of your situation and help you build a strong case, increasing your chances of a court order against a bad faith lender, or other favorable rulings in your foreclosure case. Your lender may want you to wait, but don’t be fooled. For more information about how we can fight to help you keep your home, contact us online or call us today at (214) 824-1414.