QUESTION
What legal rights do I have to file a suit against my previous mortgage lender?
Asked on Jun 18th, 2013 on Criminal Law - North Carolina
More details to this question:
They sent a portion of my property claims check, without my written/verbal or knowledge, to a contractor, who I got an estimated bid. Before the band sent this stranger a check, I have not been able to contact this contractor. A representative at the bank informed me that they had sent a check to him. I was so upset until they suggested that they would put in a request for stop payment and in two weeks, I would receive my check; this happened in February. Since I had not heard from them within the two weeks, I informed them that I would be seeking legal representation. Within two weeks of that conversation, I received in mail, Overnight Express the remainder of the funds, except the funds that was sent to the contractor. That same week, I received a letter in mail (March), stating that my mortgage loan is no longer with them. I am now (June) told that I have to wait 30-45 days for the new lender to receive the funds. This is another one of their stall tactic. What could I do to get the remainder of my funds? Since they tell me that they no longer have anything to do with me. They have been lying to me since February. I need to get my home repaired. I called the new lender and they informed me that they are having this problem with so many other customers that has been transferred to them, that are trying to get their property claim check.
5 ANSWERS
Michael J. Breczinski
Get an attorney that deals in this area to help you. You probably have rights against both lenders.
Answered on Jun 20th, 2013 at 9:15 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Since they are saying they will send you the check, I would keep bugging them. Eventually if they refuse to pay, you can sue. However, you will get your money quicker and you won't have to pay an attorney if you can get them to send you the check like they are promising to do.
Answered on Jun 18th, 2013 at 8:19 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You could dig into this with a lawsuit, but it will wind up being very difficult, time-consuming and expensive. They will see to it. Instead, I reccomend that you ask the help of your state attorney general's office, state and local banking commission, your member of Congress and both Senators. Seriously, write out a letter stating facts: names, dates, amounts, etc. Avoid opinions, conclusions or accusations. Attach copies of documents and make references to them in your letter. Ask a friend to go over the letter with you to check for clarity, grammar and spelling. Taylor each letter to the recipient. Keep copies, this is important. Follow up with each office you send the letters to. Keep a journal only with information concerning this matter and record each phone call you make or get, including the name, title and extension number of the person you talk to, the date and time of the call and what was said. Be polite but persistent. This will take time.
Answered on Jun 18th, 2013 at 8:19 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Much more information needed/ see a real estate lawyer.
Answered on Jun 18th, 2013 at 8:18 PM
General Practice Attorney serving Portland, OR
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Furniss, Shearer & Leineweber
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This was referred to me to respond to. I certainly feel that you should have a cause of action against the lender for sending your money to someone else without your authority. I would suggest that you contact an attorney that specialties in this are of law. I know that more and more of this is happening. I would not just get any attorney though, I would get one that makes this a specialty.
Answered on Jun 18th, 2013 at 8:18 PM