Often, by responding to a foreclosure lawsuit with countersuits within that very same case gives the borrower an upper hand and help force the banks’ attorneys to the negotiation table in effort to agree upon a modification that is in both the client and the bank’s interest.

Several possible claims exist in this area:

• The language in which the loan was negotiated is not the language of the documents signed by the client;
• Deceptive practices were employed in marketing the mortgage to the consumer;
• Clients were deceptively led toward a loan with a higher interest rate than they were eligible for;
• Clients were deceptively talked into a loan with a balloon payment;
• Clients were deceptively talked into a loan that would force them to negotiate a new mortgage 3-5 years into the mortgage that would solely benefit the bank and their ability to charge transaction fees with no benefit to the borrower;
• The clients’ application for a mortgage was falsified in order to make them eligible for a loan they never should have obtained;
• The lending officer obtained kickbacks to steer the clients into a higher interest note loan;
• Unjustified and exaggerated fees;
• Rushed loan closings in which terms changed at the last minute;