REAL ESTATE LAW
 
 
  Practice Areas
  Purchase & Sale Transaction Issues
  For Sale By Owner Assistance
   
  Leasing Issues
  Landlord-Tenant Issues
  Eviction Service
   
  Real Estate Agent & Broker Issues
  Mortgage Broker & Lender Issues
 
  Escrow/Title Company Issues
  Ownership & Title Issues
 
  Property Use & Development Issues
  Design & Construction Issues
  Environmental Issues
   
  Homeowners' Association Issues
 




(408) 354-1414
  (408) 354-1414


MORTGAGE BROKER & LENDING ISSUES

The mortgage industry in California and elsewhere currently has a very tarnished reputation with many foreclosures, complaints, disputes, and lawsuits resulting from questionable mortgage industry practices. San Jose real estate attorney Mike Hogan provides legal advisory and dispute resolution services (mediation/arbitration) regarding issues and disputes which involve mortgage agents/brokers and lenders. In addition to being a licensed, practicing real estate attorney, Mike has also worked as a mortgage broker. San Jose real estate lawyer Mike Hoganís experience as a mortgage loan broker, coupled with his legal training and experience, makes him superbly qualified to prosecute claims against mortgage agents/brokers and lenders or to defend mortgage agents/brokers and lenders against invalid claims, including license defense against actions by the Department of Real Estate (DRE).

How Can Real Estate Attorney Mike Hogan Help You?
In Transactions:  Prepares and Reviews Agreements
The best way to minimize the odds of a future legal issue or dispute originating from a home loan is through the use of thorough, clearly understandable loan, escrow, and title documents. If you are a lender or a borrower, Mike Hogan will assist you in the preparation of these documents to ensure a smooth, clearly understood, and legally binding transaction. If the paperwork has already been prepared, Mike can review it and advise you of any concerns or changes which should be implemented to protect your legal interests and minimize the chances of a future legal dispute.

Recent problems with predatory lending practices highlights the importance of fully understanding the details of any home loan transaction including loan documents and the legal obligations owed to you by the lender and your mortgage broker. San Jose real estate attorney Mike Hogan represents borrowers, lenders, buyers, sellers, mortgage agents/brokers, and others in the preparation and/or review of:

• Legal Advisory Services • Loan Documents Reviewed
• Commission Agreements • Other Related Documents

When Disputes  Arise: 
Represents You in Alternative Dispute Resolution or Litigation

The first thing you need to know when confronting a legal dispute is where you stand in relation to the other parties. San Jose real estate lawyer Mike Hogan will give you an honest and realistic evaluation of your rights and responsibilities as well as the associated risks so that you fully understand the legal ramifications of your particular situation, including your chances of success.

Although litigation is always an option, it should be one of last resort as it is often the most expensive path to resolution. Instead, with your consent, Mike first seeks out a negotiated settlement to your dispute through negotiation and, if necessary, use of alternative dispute resolution techniques such as mediation or arbitration which often provide quicker and more cost effective dispute resolution when compared to litigation.

In the event that negotiation and alternative dispute resolution fail, leaving litigation as the only means to resolution, it is critical that it be done with the services of an aggressive attorney, one who will relentlessly represent your interests. San Jose real estate lawyer Mike Hogan will provide you with such representation.

Holding Mortgage Loan Brokers and Lenders  Accountable
Mortgage loan brokers and lenders who perform negligently or who omit or misrepresent material facts regarding the terms of a loan and other related matters should be held accountable. This accountability includes seeking damages as well as filing a complaint with the Department of Real Estate or Department of Corporations seeking appropriate disciplinary action. San Jose real estate attorney Mike Hoganís experience as a mortgage loan broker, coupled with his legal background, has enabled him to develop an in-depth understanding of the legal duties that a mortgage loan broker and the lender owe to their clientele. San Jose real estate attorney Mike Hogan will provide you with aggressive representation in seeking redress against such mortgage loan brokers and lenders.

Defending Mortgage Loan Brokers and Lenders
Mortgage loan brokers and lenders are sometimes wrongly accused of negligence or omission or misrepresentation of material facts. These charges can be very serious as they can result in significant financial liability. Such wrongful accusations, if unchallenged, can lead to the possibility of a mortgage loan broker losing the right to practice his/her profession as a result of license forfeiture. San Jose real estate attorney Mike Hoganís experience as a mortgage loan broker working with various lenders has allowed him to develop a keen understanding of the problems faced by practicing mortgage loan brokers and lenders. San Jose real estate lawyer Mike Hogan will aggressively defend you against such unwarranted claims.

Typical Areas of Dispute involving Mortgage Loan Brokers and Lenders
San Jose real estate attorney Mike Hogan represents borrowers, lenders, buyers, sellers, mortgage loan brokers, and lenders in mortgage loan broker and lender disputes. Areas of practice include:

• Commission Disputes • Negligence
• Undisclosed Fees • Inadequate Representation by
• Undisclosed Commissions,

  Mortgage Broker

   Fees, Profits • Conflict of Interest by Mortgage Broker
• Excessive Fees • Undisclosed Dual Agency
• Trust Account Violations

• Misrepresentation (Fraud)

• Bad Faith Closing Cost Estimate

• Misrepresentation of Property Value

• Foreclosures • Unlicensed Mortgage Broker Activity
• Debt Restructuring • License Defense before Department
• Loan Workouts   of Real Estate
• Unwarranted Borrower Claims • License Defense before Department
• Mortgage Broker Liability    of Corporations
  • Other Related Issues


(408) 354-1414