Legal Question in Real Estate Law in California
Im in foreclosure, but was under review for the Make home affordable program through my lender. The lender denied the application stating that the property was non owner occupied, because the utility bill that we provided as proof shows a different address than the property address. I explained to the lender that the property is a duplex property (you would think that they'd know this) and therefore is the same property. They said I was already denied, and would have to go through an appeals process, which I did. I got the department of water and power to change the address on the utility bill to reflect the address on the account with the lender, submitted it to the appeals department, and they denied the appeal. According to them it was a mistake in the system (the denial) so they ask that I fax them documentation again. I did. Then they denied the appeal because the documentation was not provided within the time frame requested (but they were basing it on the first appeal date). Can I get legal help?
2 Answers from Attorneys
I'm very sorry to hear about your situation which is not that uncommon. I hear stories about lenders losing paperwork and making mistakes in the loan mod process.
I believe I can help. Please contact me.
You should be made aware that, unfortunately, the lender has sole discretion whether or not to grant a loan modification under these programs. If they don't want to modify the loan, there is no legal procedure to force them to do it, outside of filing bankruptcy.
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