Jacksonville, FL asked in Consumer Law and Collections for Florida

Q: What kind of attorney specializes in mortgage lender negligence? We almost lost our home before their mistake was found.

Purchased a house in October 2018 and mortgaged through Suntrust. In December 2018, they increased our tax escrow from $350 to over $700 a month. I challenged having to pay taxes of the prior owner for 2018 multiple times. In March 2019, I became disabled and lost my job. Tried to work with Suntrust, but they wouldn’t accept the original payment - which was what we could afford. Turned us down for hardship, collection calls, etc as we got behind. When I wrote a 30 day letter to the President, they suddenly found the missing $4,000, and then applied that and another $6,000 to our account to bring us current. They didn’t ask our thoughts on this, and we had already paid a bankruptcy attorney and had given up on having a roof over our heads. We were advised by a retired bank examiner to go after them for negligence and some other things, and we are hoping you can tell us if this is worth pursuing or if we need to drop it?

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Unless you actually lost your home to a foreclosure caused by negligence of the lender you are barking up the wrong tree. You cannot sue anyone unless you can prove some actual injury that caused some cognizable damages. "Almost lost our home" is NOT a legal injury; why? Because you still have the home. Drop it.

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