Legal Question in Real Estate Law in California
What rights do I have if the bank approved my loan modification, and sold my loan to another company before the modification was actually finalized?
Asked on 5/21/10, 10:38 pm
2 Answers from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
The distinction between "approved" and "finalized" is critical here. An approved modification would be binding on the current holder only if an enforceable contract were formed and finalization weren't synonymous with making a contract. Unfortunately, the chances are you did not in fact have a new contract (novation) upon approval alone; the bank most likely would not be obligated until the modification became "finalized."
Answered on 5/25/10, 10:40 am