Legal Question in Real Estate Law in California

I have been a Mortgage Broker for the past 18 years. I arranged financing for my client who had a low credit score (560)to purchase a short sale. As a result of the low score, the lender needed to obtain an investor approval exception before they could email loan documents (docs) to Escrow. This took longer than usual and the Listing Agent and his selected Escrow Officer each passed the blame to me (in emails in which I was not copied) and the buyer's Realtor for the delays in obtaining the loan docs. My client's Realtor forwarded me the emails and I was floored. The Escrow Officer had told her to "F-off" several times and used similar profanities in her conversation explaining that she would no longer assist with the facilitation of the signing since she was sick and tired of working on the file and that the sellers were tired as well. She is supposed to be a neutral party yet she is on the side of the seller's agent who employed her. She then emailed me claiming that I did nothing to help with the facilitation of loan docs which wasn't the case. The lender emailed everyone saying it was entirely their fault for the delays. I had called the lender several times daily and provided emails as proof. However, the listing agent then emailed all parties saying that it was my fault and that of the buyer's agent for the delay of docs. His email to the escrow officer stated that he and the seller didn't care since they had a back up offer. His words were libelous to say the least. I have saved all of the emails. Can I provide the Listing Agent and Escrow Officer with a Cease and Desist letter to stop writing the libelous emails and if he doesn't sue him for defamation? The loan docs have been signed and we are just awaiting funding.


Asked on 3/12/12, 11:28 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, you could, provided you have pretty clear and convincing proof that the L.A. and/or E.O. have made accusations that are untrue, to your detriment. I would however be more inclined to lay off and hope this deal closes and you collect your commission, then look elsewhere for agents, brokers and officers with whom you can work more compatibly. Someone here is getting overstressed and it's showing in their work habits.

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Answered on 3/13/12, 8:49 am


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