Misapplication of Money
If your lender cannot prove how much you actually owe, or if they have been misapplying payments, or paying themselves fees and charges with your money rather than paying the mortgage, there’s a very good chance you will prevail in an action against them. It’s not enough for the mortgage company to say that you are delinquent. The lender must produce an accurate account history. Because of shoddy record keeping, many lenders are unable to produce a complete an accurate loan history and therefore, cannot prove exactly what is owed on the mortgage or where the money went.