Yes, but it is probably not worth the legal fees it would cost or the hassle.
Your damages are the discounted present value of the difference in the amount of the monthly payments you will make under either a new loan now or under the loan you still have, whichever is lower. A year ago, home loans got as low as 3.50%. Now they are approaching 4.50%. So you could sue them for the difference. If that amount turns out to be not more than than $10,000.00, then you could sue them in small claims court. If it was only a little more, you could sue them for $10,000.00 and waive the rest.
We charge $300.00 per hour. A case like this could easily cost $20,000.00 or more in legal fees. So small claims court might be your best option.
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Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on Mar 09th, 2017 at 10:00 AM