Legal Question in Real Estate Law in California
Problem with a re-finance company
We submitted a re-finance request at the 1st of the year. As of June, the mortgage company was doing nothing. We elected to go to a 2nd company to do the re-finance. Since then, the 1st mort. co. has threatened to take us to court over alleged fees when there is no contract signed by us and the 1st mort. co., has ignored and defaulted on a valid notarized commercial affidavit, has ignored a notarized power-of-attorney, and has even had a law firm threaten us. We also have 2 individuals who will testify, a senior loan officer with the 2nd company and the POA, on our behalf - any ideas on what we should do?
3 Answers from Attorneys
Re: Problem with a re-finance company
Have an attorney write a strong cease and desist letter.
Re: Problem with a re-finance company
Your question is a little amgibuous, and it may be difficult for any attorney on this bulletin board to answer your question without a little clarification.
While you say that no contract was signed by you with the first mortgage company, you also say that "the 1st mort. co., has ignored and defaulted on a valid notarized commercial affidavit, has ignored a notarized power-of-attorney." If you haven't signed anything with the first mortgage company, how could they have "defaulted on a valid notarized commercial affidavit"? How could they have "ignored a power of attorney"? even more basic questions would be: "what is a 'notarized commercial affidavit'? and "why would you provide them with a power of attorney"?
The best bet you have is to take whatever documents you have to an attorney in your area for their review. Once the documents have been reviewed, the attorney can then properly advise you on your options.
Re: Problem with a re-finance company
As the other attorneys who replied have said, your best bet is to have the documents reviewed by a real estate attorney. If you can't or won't do that, you may file a complaint against the mortgage broker with the California Department of Real Estate. See their web page explanation of the complaint process at:
http://www.dre.ca.gov/complnts.htm
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