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What Are Grounds for a Bank Lawsuit?

The most common grounds to file a bank lawsuit are breach of contract or bank fraud.
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  • Written By: C. Daw
  • Edited By: O. Wallace
  • Last Modified Date: 15 November 2014
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A bank lawsuit is a legal proceeding against a bank. As such, it is a very serious step and is considered only by those who have been foreclosed upon by a bank. A foreclosure is a situation wherein a homeowner is not able to pay the principal amount on the mortgage to the lender, or it can also be a case when a homeowner is not able to make interest payments on the mortgage to them. The lender can be either a building society or a bank and when the payments are not made on the agreed time they can legally seize the property and then sell it. This action is already written in the terms of the mortgage contract and is agreed upon by the homeowner when he or she takes the loan.

After a person faces a foreclosure, he or she loses the right on his or her property. In this case, they have the right to file a bank lawsuit against the lender. Filing a bank lawsuit will allow the homeowner to get their property back if they win the case. These lawsuits can only be filed when the homeowner has enough grounds to prove their case. Bank lawsuit grounds must be strong enough that they enable the homeowner to win the case and get back into their property.

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The most common grounds to file a lawsuit are breach of contract or bank fraud. If there has been a breach of contract, then that means that the bank has acted against the terms and conditions that were mentioned in the contract. As such, they can be brought to court. In case of a bank fraud, a bank will have committed fraud against a home owner. In both cases, it is easy for the home owner to win the case.

For such a bank lawsuit, a home owner must find a suitable real estate lawyer who is well experienced in this area. With the help of the lawyer, the bank can even be sued if it does not agree to modify the mortgage. During the course of bank litigation, all the legal claims that are made by the home owner must be supported by facts that are proven and valid. This way, it will be easy for the claimant to win the case. The grounds must be valid and mentioned in a legal way on a court document, as advised by the lawyer. Finally, when a home owner wins the case against the bank they can ask for the property to be returned as well as financial compensation for mental torture and anguish.

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