Legal Question in Real Estate Law in California

Hi. Thank you in advance for your advice. When I was refinancing, my credit card was charged an appraisal fee. Without letting me know, the loan officer cancelled the loan when he didn't get the paperwork. He now refuses to refund the appraisal fee & ignores my request for document stating that I would forfeit the fee if the loan was cancelled. I was never informed of this fact. Am I entitled to the refund since the appraisal never took place and since I myself did not cancel the loan?


Asked on 1/07/10, 3:25 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

If the appraisal was not done, you should be entitled to a refund; however, you need to review the documents you had signed up to that point. The appraisal fee may have been non-refundable. The fact that you did not cancel the loan is not going to help you - by failing to provide documents as required to underwrite the loan, you may have waived your rights to claim that you never "canceled" the loan - inaction can sometimes be the same as an overt action such as formally canceling the loan. That being said, you generally should not be held liable for an appraisal that was never done.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 1/12/10, 4:18 pm
Terry A. Nelson Nelson & Lawless

You have nothing to lose by filing a claim in Small Claims court if you think you are entitled to a refund.

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Answered on 1/12/10, 5:14 pm


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