Legal Question in Consumer Law in California

Misrepresentation

At my request my mortgage company agreed to modify my loan because I was falling behind a payment. I was told to skip a payment during the modification process, send them $500.00, and receive a new payment. The initial contact was made in November, the modification processing fee was mailed to them in December as requested a the new payment was to begin in January. After paying the modification fee I received notice to pay or foreclosure proceedings would begin. I called the lender and was told this was a formality and not to be concerned. I mid to late January I had not heard from them so I called again and was told not to worry the process was almost complete. Then I received a letter from the VA saying congratulations, we have mailed a letter to your lender approving your modification to your loan. The following week I received a letter from the lender stating that the VA refused to approve the loan. I called the VA and was told the modification was approved. The lender still said it wasn't so I sent them a copy of the letter I received from the VA. The response was come up with the three months payments or be foreclosed. I filed Chapter 13 and ended up selling my home. Ten years later, still affected. Do I have a case?


Asked on 1/24/08, 6:28 pm

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Misrepresentation

No. The statute of limitation expired on this claim at least 6 years ago.

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Answered on 1/24/08, 11:30 pm


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