Legal Question in Business Law in California

wont give me an answer in writing

ok i'll try to reword: I'm trying to get answers from my mortgage co, specific questions with regards to my loan. They replied with obviously generic answers. I wrote them again spelling out my questions and saying I needed specific answers. I supplied more documentation to show them what I was trying to prove to them. Again I got answers that tried to avoid answering what i was asking. They gave me a deadline to contact them or they would close the case. I e-mailed twice before their deadline telling them my mother was very ill but I would becontacting them. A week later I sent them documentation and my last letter. Now they have more ''proof'' showing what I'm saying and they've chosen to say they are not going to deal with me anymore. I contacted them within their deadline time. How can I get the mortgage co to answer my questions now that they are avoiding me and my ''proof''?


Asked on 4/27/06, 5:17 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: wont give me an answer in writing

I didn't read your prior question (as far as I know). I can give you a rather generic answer, and not much more at this time.

My answer is that the BEST way to get the attention of a stubborn mule is to hit it over the brain with a two-by-four - metaphorically speaking, of course, I don't condone cruelty to animals.

In the case of a stubborn business, its attention is best aroused by hitting it with a well-reasoned lawsuit.

In your particular case, one doesn't know what the grounds of suit might be, or whether you even have a complaint upon which a viable cause of action could be based.

You mention "my mortgage company," so I'm guessing you have a problem with an existing loan, rather that a problem with someone who was arranging a loan. If you are indeed in the position of a borrower, that's a bit of an advantage, because the lender really can't break off dealing with you completely.

So, my advice is, if all else fails, consult a local lawyer about filing a simple, basic lawsuit to force the mortgage company to make a response of some kind. 97% of suits that are filed are settled before trial. Just be sure your lawyer agrees that there is some possible legal basis for recovery. Groundless suits can get the other side's attention too, but in the wrong way - a later counter-suit for malicious prosecution.

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Answered on 5/05/06, 12:35 am


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