Legal Question in Real Estate Law in California

legal document filing

what legal form must i file in los angeles california to sue home loan company for a predatory loan?


Asked on 3/12/09, 9:19 pm

3 Answers from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: legal document filing

There is no form available for this. I am a lawyer and a real estate broker -- i.e., a real estate attorney and I do specialize in loan modifications and actually initiating suit against lenders for predatory loans, truth in lending, and other issues. I negotiate loan modifications and can likely assist you for a reasonable fee. Typically, I do charge anywhere from $500 to $1500 to commence and I normally secure benefit to my clients worth hundreds of thousands in modified loans. Sometimes, if the violations are bad enough, we can completely negate the loan. Contact me to schedule an appointment and thank you for your consideration.

Christopher Brainard, Esq.

310.266.4115

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Answered on 3/13/09, 3:06 am
Terry A. Nelson Nelson & Lawless

Re: legal document filing

Form? Nice try. That requires a properly custom drafted Complaint, with supporting documentation, and the experience to compete against the lender's attorneys in a bitter legal battle. Hire an experienced attorney. Feel free to contact me if serious about doing so.

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Answered on 3/13/09, 1:15 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: legal document filing

The California Judicial Council does provide fill-in-the-blank forms for very basic kinds of complaints (lawsuits), but I think they are all inappropriate for alleging a predatory loan. The procedure for initiating a lawsuit is to prepare a Complaint on pleading paper, attach as exhibits all the documents referred to in the Complaint, fill out a Civil Case Cover Sheet and a Summons, file the Complaint, have the court clerk issue the Summons, then serve the Summons and Complaint with exhibits on the Defendant or Defendants according to law.

I do not think preparing a successful Complaint for "predatory loan" or "predatory lending" is a job for a non-lawyer. I can guarantee you that more than half of all lawyers could not do it properly without doing a lot (days) of research. I might be somewhat ahead of the pack because I have done some other kinds of loan fraud work and have some related treatises - but I have never attacked a lender for, specifically, whatever "predatory lending" might be.

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Answered on 3/15/09, 8:50 pm


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