Massachusetts Consumer Rights Attorney Kenneth D. Quat

Mortgage and Foreclosure Assistance

Simply being in default on a mortgage does not automatically entitle a bank or other lender to foreclose real estate.  Very strict consumer protection laws and procedures exist that must be followed in such situations — to protect you.

For example, many consumer loans are subject to the federal Truth-in-Lending Act (TILA). If the terms of the loan were not properly disclosed, or if you were not given proper notice of your rights, you may have substantial claims for damages that could offset the outstanding loan balance. 

For some mortgages that are not used to purchase property — such re-finances or home equity loans — the failure of the lender to comply with TILA could actually permit you to rescind the entire loan under certain circumstances. 

As a result of the ongoing mortgage and foreclosure crisis, new programs have gone into effect which provide certain homeowners with the ability to modify mortgages. We can evaluate your suitability for one of these programs and recommend both legal and non-legal options for attempting to save your home.   

It is extremely important to consult a qualified attorney before foreclosure occurs. Although there may be available remedies after foreclosure, these are more difficult to pursue and may not be adequate for recovering title to your home.