Legal Question in Employment Law in California

bank does not want to pay me.

i am a loan officer for a mortgage co. i recently had a client who did a loan wich decided to quit the loan after her husband signed the final documentaion and after there 3day cancelation was up i had signed all hud documents and i had explained to the client every item every page the best i can then she decided to cancel the loan.she bark at the lender so much that they felt that they would cancel all contracts i completed the loan at 100% but the lender says different and does not want to pay me i know that my part was done legally and the lender has no right to with hold what i haved earned. i am very upset and would really like help or a least a ref please. im am not in the wrong and feel what the bank is doing is for there gain at mt loss.


Asked on 9/27/06, 4:58 pm

3 Answers from Attorneys

Beth Mora Cooper & Mora, A Professional Corporation

Re: bank does not want to pay me.

I am sorry to hear about your situtation. I am also sorry to report that it is more likely than not that your situation is controled by the contractual relationship you have with the lender/bank. You will unfortunately have to address this issue with your mortgage office to help you approach the lender/bank. I assume there is a clause in the lender's agreement which allows them to do this with no liability incurred. I doubt this is more than a contract issue, however, you could also contact the California Labor Commissioner for assistance in collecting, however, I am not hopeful.

Once again, I am terribly sorry. Best of luck.

Sincerely, Beth Mora

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Answered on 10/03/06, 6:22 pm
JEB Pickett Wynne Law Firm

Re: bank does not want to pay me.

Your situation is determined by the manner of the relationship you have with the lender, not the borrower. If the lender does not pay you unless a loan is completed, you may have no basis to claim that you are owed for that loan.

If you are working on a commission basis, a commission may often be withheld if the "sale" or transaction is not finalized, but in some instances, may be considered earned if you have done everything necessary. Most likely, if the lender has permitted the borrow to escape the loan, you have no claim.

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Answered on 10/03/06, 7:15 pm
James Peters Peters Law Group

Re: bank does not want to pay me.

I have a few potential ideas to help you out with your situation, but I would need to know more facts. Please contact me to discuss.

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Answered on 10/04/06, 4:32 pm


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