Legal Question in Real Estate Law in California
can lender change paper work after it is signed?
i refinanced my home to get cash for new siding. the amount of cash out was $11,000. after all the papers were signed and loan approved the lending agency payed off old morgage and sent me check for$9,000 because they had recieved wrong information on payoff amount. i would not have refinanced for that amount as it will not pay or the siding. is this lecal or can anything be done?
2 Answers from Attorneys
Re: can lender change paper work after it is signed?
No, the lender can't change the contract after it's signed. I'm not sure what 'paper work' includes, however; there may be 'paper work' that isn't part of the contract which might change, or even be produced in the first place, after the contract itself is signed.
If you got less than you expected in cash out, was the face amount of the loan commensurately lower, or did the $2,000 go to pay some fee or to the costs of the job, or where? You have a right to an accounting for every penny of the money you borrowed. Obviously, as you know, some of it will go to closing costs, pay-off of pre-existing liens (unless it is a second) and lots of other nasty hidden costs of borrowing. Was there an escrow? The escrow holder (title company, etc.) should have given you a closing statement for your approval before the closing, showing exactly where every penny came from and went.
Review your documents and if you don't find a closing statement or it doesn't satisfy you, demand one from the lender or escrow holder.
If that doesn't work you may be a victim of fraud and if you suspect this consult a local lawyer.
Re: can lender change paper work after it is signed?
You may have a lawsuit depending on your paperwork and what was represented to you. I would be happy to review your documents by fax to 714 363 0229 and provide you free consultation in order to review your options.