Legal Question in Civil Litigation in California
A HUD counselor was working freelance and offered to help me submit a loan modification to my lender. I had submitted one already, but she said she could provide better service and help me achieve principal reduction amongst other things. She requested six hundred dollars up front, (illegal?) however, my loan modification was approved through me two days later and she refused to give me a refund. Do I have grounds to sue?
2 Answers from Attorneys
Sure, for the $600. Plus, you could file a complaint with Dept of Real Estate and with the local DA and with her employer, for her 'illegal' conduct.
California has a strict law that prohibits advance fees for loan modification. Since you state she was working "freelance" it would appear that her fee was illegal. My answer would be different if the fee was required as part of a HUD loan modification program.
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