Legal Question in Real Estate Law in California
If you had a approved modification and you signed all the loan docs and have made 4 payments can they legally back out your payments and foreclose on my home because they say pg&e sent them a cancelation notice in error can we sue if they foreclose and do you think I can get a attorney take this on contengency
2 Answers from Attorneys
One would have to examine the modification papers to see what after signing facts could trigger a cancellation of the agreement. If PG&E will admit they made an error, then the lender's rationale disappears. Perhaps one sharp letter from an attorney followed up by a phone call might get some results, but most lenders isolate themselves from any type of contact so it might actually take some remedy such as filling for an injuction. But it ils not clear an attoreny would take the case on contigency as that would mean being paid a percentage of the recovery, but if the attorney prevents a foreclosure what is the sum you have "won"? How can a fee be determined.
Since I am largely retired, I charge only $100 per hour and could look over your paperwork and try to make the needed contacts. That should not cost a large amount of money.
I would invite you to send me clarifing facts. You signed all the loan documents, but did the lender also sign them? There's no contract unless and until both parties sign (or at least are in agreement). What about these four payments? Were they on arrearages, or after the modification and on the modified terms? Were they paid all at once, or over four months? When was the modification agreement completed? And finally, what the heck does a PG&E cancelation notice possibly have to do with a loan modification?
Can you sue if they foreclose? Yes, and you'd better do it before the foreclosure sale! Will you win? Possibly, but you'd better be prepared to pay what you owe. Will an attorney take the case on contingency? Maybe someone - not I - and only upon your providing full, clear and convincing facts showing you are likely to prevail.