Legal Question in Credit and Debt Law in California

Morgage Foreclosure/ Suit for Wrongful

I paid my mortgage, but my payments were not applied to my mortgage. My mortgage company sold my loan to another mortgage company and transfered funds to the second mortgage company. The second morgage company promptly filed a lien against my property alleging default. The second mortgage company then sold my loan to a third mortgage company. The second mortgage company applied one payment to my mortgage and transfered funds to the third mortgage company, My payments started in August, and the payment was not refunded to me until February of the following year. I am filing suit against all three mortgage companies. I will be claiming damages of $10,000.00. Since this is more than the amount of damages allowed in small claims court, can I file three seperate suits for $3333.33 against each defendant in small claims court, instead of one suit against all three mortgage companies? Would I be better off to sue the mortgage companyh that I believe to be the most responsible instead of suing all three? What is my best strategy here?


Asked on 4/30/08, 9:35 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Morgage Foreclosure/ Suit for Wrongful

Your best strategy is to hang up from the Internet and call an attorney and make an appointment. You do not have the skills to sue one mortgage company, let alone three. What do you have to lose? Maybe an attorney can find a way to collect much more than $10,000 in damages, and to get them to pay for your attorney fees.

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Answered on 4/30/08, 9:45 pm
David Justin Lynch David Justin Lynch & Associates, APLC

Re: Morgage Foreclosure/ Suit for Wrongful

Forget small claims court or handling the case by yourself without a lawyer. You will certainly lose if you have no lawyer. You have valid claims for wrongful foreclosure, bad faith, and breach of contract. Please call our office for an appointment. Contact information is on our website, www.attorneylynch.com

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Answered on 5/01/08, 2:06 pm


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