4 replies to this topic

[zelliott]

I tried to refinance through ***** and everything was good to go at first. I was talking on the phone and exchanging emails with a guy that worked for them getting all the electronic paper work done, ect. He told $400 down and $0 at closing. After the first week a document came up saying I needed to show a bank statement and needed $877 at closing so I emailed him asking about it and he said after I make my November payment that would go away and I wouldnt have to make no more of those payments. I made it and the following week someone else from ***** calls me and says shes taking over for the rest of the process.

I have a friend that works at a bank and he said some laws or rules were passed not to long ago where only one person is supposed to work with you, after going with **** I see why. Im thinking things are going along fine, but shes waiting for the bank statement to take $877 out of my account, the one that the first guy told me to ignore. I didnt realize this and my next house payment was already due and a late fee was added to it. A third person from there contacts me telling me I have to pay all this money, but I refused to pay and told him I still had the email stating that I did not need to send a bank statement or have to pay any closing cost.

I sent him the email proving it and he replied back saying I was right and everything was back on track and we would be closing it soon. A week later my house payment is past due and it was turned in and now its affecting my credit score which has me very angry because my credit history was good with no late payments on it. He calls me up againg saying he now needs a downpayment and Im refusing to pay it and my house payment because I was told my last payment would be November and I needed $0 at closing. I have all the emails, some voice mails they left on my phone saved proving what was said and that they had me working with several people which they shouldnt have if that really is a law because working with multiple people is what got this messed up in the first place.

Can I take them to court and sue them for hurting my credit score? It was their fault and Im still holding them to what they said about November being my last payment and no closing cost.

Edited by FindLaw_AHK, 23 January 2013 - 07:19 AM.
This post has been edited to remove personal or identifying information. -Moderator

[rdrake]

I'm no expert but it sounds like the issue is you gave them money and in exchange you have some kind of e-signed contract. Refer to that and also contact your Attorney General through an online complaint form. They should refer you to the proper state agency for some kind of investigation. Tell ***** that your initiating an investigation through the Attorney General.. maybe that will get them moving.

Edited by FindLaw_AHK, 23 January 2013 - 07:19 AM.
This post has been edited to remove personal or identifying information. -Moderator

[adjusterjack]

Wait.

You didn't make your house payment on one loan because you were working on another loan that had not been finalized yet?

That's not QL's fault.

You counted your chickens before they hatched and came up with a goose egg.

You should have kept making your house payments on the existing loan until you had the new loan FUNDED. That means when the new lender sent the money to old lender to retire the old loan.

Sorry, nothing to sue for.

[rdrake]

Ok so you made the first payment of 880 because the first guy told you 'after that first month, the 880 would go away and would be reduced to $400'. When you made that initial payment, wasn't there some contract that was signed by both parties stating exactly what the payments would be? If you have proof of what that guy told you maybe there is some Bad faith on their part that they could be liable for.. ie. if that first guy just told you that to hook you into accepting the loan... and then they just passed it off to another person. If you've got strong evidence and have it in writing where they admitted the mistake etc I'd say it might be worth a civil or small claims suit. You can start by sending them a demand for payment/restitution... as I'm pretty sure before you take anyone to court your supposed to tell them exactly what is going on and demand whatever it is you feel your owed. I'd round up the contract, see exactly what it says and or think about getting some kind of recording or further evidence of them admitting that they screwed up and misinformed you etc.

Maybe contact the initial holder of the loan and explain the situation /show them the evidence you have and see if you can't have the negative marks removed. Maybe you can at least get your money back from *****, get back on track with your regular loan and start from square one again and this time be a lot more careful with who you deal with.

Edited by FindLaw_AHK, 23 January 2013 - 07:20 AM.
This post has been edited to remove personal or identifying information. -Moderator

[FindLaw_AHK]

What damages did you suffer?