Legal Question in Real Estate Law in California
Lost Mortgage Rate Lock
My loan broker moved too slowly and lost my rate lock. They now have ordered documents at a cost of an additional point ($3000). The original rate lock was not given to me in writing, only verbally. Do I have any recourse?
1 Answer from Attorneys
Re: Lost Mortgage Rate Lock
A $3000 claim would appropriately be brought in small-claims court. To prevail, you would have to plead and prove the existence of an oral agreement, its breach by the broker, and your own timely performance of any precondition. The broker could raise various defenses, such as non-responsibility clauses in your loan-broker contract with him, lack of consideration, etc., which, if raised, you would have to rebut.
You would also have to prove the amount of your money damages and show that they were caused as a direct consequence of the broker's failure to honor the oral contract.
As a starting point, I suggest you read a self-help law book on small-claims procedures and also review your agreement with the loan broker to see if has various exculpatory clauses re rate locks or other matters.