- This topic has 7 replies, 3 voices, and was last updated 8 years, 11 months ago by Anonymous.
- February 9, 2011 at 3:29 pm #411578AnonymousInactive
Nothing in your statement indicates that there is a basis for a law suit. If underwriting hasn’t cleared your loan approval there may be a problem but it is most likely something to do with your financial situation and not lack of submission. You haven’t even started dealing with the bank on the shortsale, thats usually where you run into delays and or cancellations. Purchase of these type properties do not go as smoothly as a normal sale.
- February 9, 2011 at 3:50 pm #411579AnonymousInactive
Nothing you state sounds like grounds for a lawsuit. Many loan applications are delayed – for a variety of reasons. It’s not unusual.
- February 9, 2011 at 4:22 pm #411580AnonymousInactive
Hopefully your Residential Purchase Agreement contains a loan contingency (Pg. 2 H-2). Generally here in CA that loan contingency remains in effect until you remove it in writing regardless of the time frame given (see paragraph 14). That said, you will likely not run into problems getting your $ 5000 deposit back from the escrow company.
You could sue the mortgage company but chances are it won’t be worth it and you may not have more than $ 495 in damages plus you’d have to prove they were negligent. I would stick it out if you want the house, chances are that it will be fine and there is a team of people working to get this done for you. As far as the lender is concerned, no loan is final until it’s funded because the bank reserves the right to not make the loan unless all the conditions are met.
- February 9, 2011 at 4:35 pm #411581AnonymousInactive
The short answer is yes. If you have the filing fee you can sue anyone you please.
But do you have grounds to sue is another story. You haven’t been harmed so what is the basis of your suit?
Here’s what I’d do. Call the processor, not the loan officer. Ask nicely when you’ll get a decision. Very very nicely. If they say they don’t know, say, “Do you think you’ll know by 2pm? I’ll call back then.” And call back at 2pm. “Do you think you’ll know by 5? I’ll call back at 5.” A day or two of this, and the processor will start nagging her supervisor who will call the underwriter or her supervisor and you’ll soon get an answer. The key to this is that you have done everything you’re supposed to have done, only told them verifiable facts, and are super super nice about it. If you get snotty or demanding…there’s always something that would allow them to decline your loan.
- February 9, 2011 at 4:44 pm #411582AnonymousInactive
Short sales can take months. Patience. There is nothing to sue for.
- April 16, 2011 at 1:41 am #198859AnonymousInactive
When you have a judgement from an auto loan(Ford Motor Credit), can they also have a “running tab” more than the judgement, i.e- Judgement amount 18,000.00 and the same company joined with a collection agency for 28,000.00 and 4.75 a day interest! I was under the impression once they have a judgement that is it. Please advise
- April 16, 2011 at 6:13 am #256957
- April 16, 2011 at 12:10 pm #257171Muriel RebellMember
I have had personal experience with the exact same problem. Yes they can also have a “running tab” it really depends on their policy of how much to charge you.
First thing (I wish i knew before) is to sign up and gather information from other competitors.,
Signup to both
(City Auto Loans) as well as (Swift auto loans)
Takes 5 minutes at most:
From there you will review similar policies regarding the situation you are now in. Next step after signing up and getting the information from those loan agencies is to get legal help from a local lawyer. Tell them your situation and provide them from the details of the Judgment amounts as well as the competitors Judements/policy. Once the lawyer gets involved they will put a cap on the Judgment amount.
Hope this helps!
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