Legal Question in Real Estate Law in New York

mortgaga

Is it possible to prosecute a mortgage loan officer for issuing a commitment letter that was not from a bank? The borrower time was running out so the loan officer typed a commitment letter. The letter was faxed to the attorney but not signed by the borrower. Shortly thereafter, a bank issued a commitment letter. Due to the current market conditions, the file was not cleared prior to the bank cancelling the program. The borrower wants to sue the loan officer on the grounds that the first commitment was not valid

The seller is not releasing the funds back to the borrower. They are saying the first commitment was fake and they want a denial letter from that bank. But borrower did not sign that commitment. The intention was to close with the commitment from the other bank. Is there any recourse that the borrower would have against the loan officer, processor or mortgage broker for typing the fake letter? - edit


Asked on 2/21/09, 7:41 pm

1 Answer from Attorneys

Steven Czik CZIK LAW PLLC

Re: mortgaga

We have substantial experience handling these types of cases, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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STEVEN J. CZIK, P.C.

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The information provided by The Law Offices of Steven J. Czik, P.C. (LOSJC) is for general educational purposes only. There is no attorney-client relationship established by this communication and no privilege attaches to such communication. LOSJC is not taking and will not take any action on your behalf and will not be considered your attorney until both you and LOSJC have signed a written retainer agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain LOSJC on terms acceptable to LOSJC, you are advised to immediately seek the services of another attorney.

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Answered on 2/23/09, 2:37 pm


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