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Have you made your three mandatory trial loan modification payments but still have not been approved for a permanent loan mod? Do you believe your home was wrongfully foreclosed on? Have you been approved for loan modification but have still received a foreclosure notice? Do you struggle day in and day out to communicate with your servicer or mortgage lender?

Perhaps it is time to think about suing your lender or servicer.

While suing mortgage lenders and servicers over mortgage foreclosures and denied loan modifications is nothing new, it can work, but it will not be easy.

Before you decide to sue . . .

MaryLou Urrutria of The Grace Group advises that you persist with your lender before pulling the trigger on a lawsuit. "Be persistent with your bank if you really want to keep your house," she says. "Depending on your situation and value of your house in relation to your mortgage, you may want to fight for the modification."

If you have a second mortgage, your best bet may be to consolidate the loans, says Urrutria. "If you are really upside down and have a second mortgage, negotiate a settlement on the second and, if it has been sold to another servicer or collection agency, you may be able to settle for 1% to 3% of the balance of the second. Getting rid of the second mortgage may put your amount owed on your mortgage closer to the value of the house."

Help may be on the way

One settlement between some of the country's largest mortgage servicers and federal regulators has resulted in an agreement in which servicers must hire independent firms to go through loans and look for improper procedures like robo-signing.

The actions also require each servicer to establish a process for borrowers who believe they have been financially harmed by such defects to make submissions to be considered for remediation. Each servicer must also submit a plan to compensate borrowers for errors, misrepresentations or other deficiencies identified in the independent consultant's findings.

Trial payments do not guarantee a modification

Many lawsuits making their way through the courts these days claim that by denying modifications once the borrowers made three trial modification payments, lenders are breaching contracts with homeowners. The lenders have countered that trial modifications are not contracts. Treasury Department officials agree, saying homeowners in Home Affordable Modification Program trial plans are not promised permanent modifications. This claim has not paid off for anyone yet, despite the slew of law firms that have independently pursued it.

Paperwork glitch won't save your home

In foreclosure litigation, the class action big guns have turned their attention to MERS filings -- the Mortgage Electronic Registration System that keeps track of the ownership of many American mortgages. Most of these lawsuits center on the principle that the firm lacks standing to foreclose because it is not the true owner of the mortgages, or that the paperwork proving ownership has not been presented.