PROPERTY & MORTGAGE DISPUTES, ISSUES & CASES

Our Property Lawyers are expert in property cases & property dispute and tenancy agreements. If you are about to buy a property or passing through any legal battles with respect to your property, please contact our firm. We take care of all your legal formalities, further registrations, tenancy agreement Lease.

Property disputes often arise when the two parties are involved in a Legal Tenancy having different opinions. We handle Property Litigation Cases in Dubai, UAE, often arising from a breach of contract or disagreement as to the meaning of an agreement. Our qualified Property Lawyers in UAE do not let any valid point/fact to go unnoticed.

CASES WE HANDLE:
• Failure to Pay Rent Property
• Damage Caused to Property
• Refusal to Leave the Property
• Breach of Contract
• Filing Partition Suit
• Rent matters
• Lease Contract
• Mesne Damages
• License Agreement
• Sale Deed
• Power of Attorney
• Sale & Purchase Contract
• Due Diligence on properties

 

WHAT LEGAL ISSUES CAN ARISE WHEN DEALING WITH MORTGAGE LENDERS?

As noted above, numerous legal issues can arise when dealing with a mortgage lender, most commonly due to a breach of the loan agreement. A loan agreement is similar to any other contract; this means all breach of contract remedies are available, should a party breach the contract.
Common examples of legal issues that may arise when dealing with a mortgage lender include, but are not limited to the following:

• Foreclosure: The most common legal issue that arises between a mortgagor and mortgagee is when the mortgagor is behind on making payments on the mortgage, which leads to foreclosure. In short, foreclosure is the process where the lender takes the borrower’s property and sells the property at a public auction in order to satisfy the borrower’s debts;
• Mortgage Fraud: Mortgage fraud occurs when false or incorrect information is provided on a loan application. Basically, if you lie on your mortgage loan application, you may be charged with the crime of mortgage fraud. Additionally, mortgage lenders may also be charged with mortgage fraud, such as forging a mortgage contract. If a mortgage lender commits mortgage fraud, the mortgage borrower may use the mortgage loan fraud as a legal defense to foreclosure;
• Predatory Lending: Mortgage lenders sometimes target susceptible buyers, such as first-time borrowers or elderly borrowers, and offer them loans at abusively high interest rates or unreasonable loan terms; or
• Discrimination: Mortgage lenders are prohibited form discriminating against borrowers based on their race, gender, religion, national origin, or other federally protected characteristics under the Fair Housing Act and Equal Credit Opportunity Act. Both federal acts serve to protect a borrower from being discriminated against while seeking out mortgages or loans.
  As can be seen, there are many disputes that may occur with a mortgage lender. Therefore, it is important to carefully review your mortgage lending agreement before signing the agreement. Thus, you should feel free to ask questions and voice any concerns that you might have to the mortgage lender, in order to prevent any of the aforementioned problems from occurring.

WHAT SHOULD I DO IF I HAVE A DISPUTE WITH A MORTGAGE LENDER?

If you have a dispute with your mortgage lender, it is important that you first review your original mortgage loan document to fully understand your rights under the contract. Your original mortgage loan document contains relevant information, such as your rights and obligations under the contract, as well as the mortgage lender’s duties and obligations.
Next, you should gather any other relevant documents related to the mortgage contract and the sale of the home, including: sales contracts, mortgage contracts, communications between brokers, lenders, real estate agents, and the purchaser, or any other legal documents. After gathering all relevant documents and reviewing your original mortgage agreement, you should contact the mortgage lender and see if they can resolve the dispute that you have with them.

This is an important step, as some contracts require that you exhaust all of your available administrative remedies before pursuing legal action against the mortgage lender. It is important to keep good documentation of any and all communications that you make with the mortgage lender, such as any emails or letters that you send.
Finally, if you are unable to resolve your dispute with your mortgage lender, then you may consider taking legal action against them. Typically, the claim that you will file against the mortgage lender will be based on a breach of contract theory, where you will seek to recover any economic losses that you may have suffered.

Additionally, breach of contract remedies may include remedies in equity, such as:

• Canceling the mortgage contract;
• Rewriting the mortgage contract to better reflect the parties agreement; or
• Ordering specific performance under the contract.
  For example, in the case of an accidental foreclosure, the court may order that the foreclosure process and result be rescinded.

COMMON TYPES OF PROPERTY DISPUTES

Property disputes can happen for any number of reasons. Some common property disputes are as follows:

• Disagreements regarding where the property line exists among neighbors
•  Neighbors blocking the view of their neighbor via a spite fence, or a structure such as a fence, row of trees, bushes, or hedges, constructed specifically to annoy a neighbor
• Landlords and tenants disputing who is responsible for what damage and/or repairs in a rental property
• Mortgage lenders and creditors arguing over who can foreclose and receive the proceeds of a foreclosure sale
• Homeowner and real estate developer arguing over who is responsible for necessary home repairs on new construction
• Homeowners disputing whether they granted government agencies a utility easement
• Insurance companies against parties injured on a homeowner’s property regarding who is responsible for the resulting injury
• Ownership disputes regarding who is the lawful owner of a given property
• Whether a property is zoned for the way the property is used (commercial v. residential)

CLOUD ON TITLE
A property dispute can put a “cloud” or irregularity in the chain of title of a property. They can happen for any number of reasons, but they are commonly the result of the following:

• Recording error – Where a property transaction was not properly recorded on the property
• Fraud – When a property has been fraudulently recorded using a forged deed
• Liens – If there is an outstanding lien on a property, the lien must first be released to clear title.
  Clouds of the title are discovered during a title search and prevent a homeowner from refinancing or selling his or her home. They can be resolved by initiating action to quiet title or quitclaim deed.

CAN YOU SUE A MORTGAGE LENDER FOR NEGLIGENCE?

As mentioned above, if your mortgage lender commits negligence, you may sue your mortgage lender. Examples of this can include where they negligently fail to include terms in the loan agreement that were agreed to by both parties, or if they breach their fiduciary duties. Additionally, you may be able to sue your mortgage lender if they or one of their officers negligently made false representations in order to induce you into making an otherwise unreasonable loan.

SHOULD I HIRE AN ATTORNEY IF I HAVE A MORTGAGE LENDER DISPUTE?

As can be seen, there are many disputes that may arise with a mortgage lender during the process of purchasing a home. Further, the real estate process is often a complicated process involving numerous parties. Therefore, it may be in your best interest to seek out a well-qualified and experienced real estate attorney to help guide you through the process of obtaining a mortgage and purchasing a home.

Our Property Lawyers are expert in property cases & property disputes. If you have taken a mortgage loan and not in a position to pay it back, we can help you to get out from the debt trap. If the mortgage loan is secured against the property and the Title Deed is on Financer’s (Bank) name, the borrower can get rid of his debts/liabilities (short fall) by surrendering the property to the Financer. Under such scenario, even though the bank files criminal case or civil case against the borrower, he can get relieved from the short fall debts. With regards to Rent to own kind of property loans too, the borrower can get away from the short fall burdens from the financer, if the property is surrendered.

We do represent clients across all emirates in the United Arab Emirates with respect to property & mortgage related issues. We work on the concept of “No win, No fees”. We charge you a small advance upfront and the balance will be charged only when you get the desired result.