These types of mortgages normally lend themselves to successful Truth-in-Lending litigation. 

1. IDEAL:  Re-fi's that are LESS than 3 years old and NOT with the original lender are ideal, because the Federal Truth-in-Lending-Act (TILA) 3-year statute of limitations applies.

2. IDEAL:  Re-fi's that are LESS than 3 years old and WITH the original lender, but WITH cash out are next best because the Federal TILA applies.

3. LESS THAN IDEAL:  Re-fi's that are LESS than 3 years old and WITH the original lender, but NO CASH OUT are less than ideal. Federal TILA does NOT apply. State consumer protection and other laws do apply. Such cases can be efficacious if there are material (serious) violations of state fraud and unjust enrichment statues.

4. LESS THAN IDEAL:  Re-fi's that are MORE than 3 years old are less ideal because the Federal TILA does NOT apply. Such cases can be efficacious if there are material (serious) violations of state fraud and unjust enrichment statues. We only take on these cases when the "causes of action" are very serious.

5. STRONG CASE:  All the above make for strong cases if in foreclosure.

6. STRONG CASE:  All the above make for strong cases, even if the TILA three year statute of limitations has run and there are material (serious) TILA violations, or there is fraud, or unjust enrichment.

7. STRONG CASE:  Foreclosures usually make for strong cases.

8. STRONG CASE:  Foreclosures can be handled by MVW almost up to the last week or so before the Sheriff's sale. If there is time enough to draft and file a lawsuit before the Sheriff's sale, this can usually stop the sale and keep the homeowner in their house until the lawsuit settles.

9. STRONG CASE:  Foreclosures can also be strong cases during redemption depending on the state's redemption period, if the state allows a redemption period. Foreclosure redemption periods run, on average, 6 months to 1 year, depending on what state and if there are material violations and strong causes of action, such as fraud.

* There are many other causes of action not listed

Any questions can be answered on our “Client Conference Call.”