Legal Question in Consumer Law in Virginia

Can a mortage co. be forced to restructure a loan?


Asked on 5/24/10, 9:02 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Yes, only one way: If you can prove that the mortgage is legally DEFECTIVE.

Otherwise, mortgage companies are NOT cooperating in loan modifications. Despite all the talk, all of this is faling, because the banks are not cooperating.

There are many companies that will review a mortgage to find legal defects. Under consumer laws it is estimated that 83% of all mortgages have significant legal defects. Mortgage companies were throwing htem out the door as fast as they could a few years back.

Some of these legal defects rare serious enough to make the mortgage company unenforceable. You might even be able to colelct money from them as damages.

If a mortgage is legally defective (unenforceable) then you can use that as leverage to force the mortgage company to renegotiate the mortgage.

I know people at Mortgage Fraud Examiners www.MortgageFraudExaminers.com

They are the best company that I know of for doing this.

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Answered on 5/25/10, 12:02 pm


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