Legal Question in Real Estate Law in California

Yes, you probably do have a case. But first contact the lender and see what contact he has had with them. Then write the US company, telling them what the lender's records show, give them 5 working days to dispute in writing what the lender said and what he has actually done on your file, inclduing any offer by the lender as to any reduction or bettering of terms. State that ilf there is no response within the five days you demand return of the entire sum of money you paid him or you will have to take whatever other remedies exist to obtain your money back. Contact the BBB and see ilf other compalints on file against him, check internet for same, and then sue and prepare all paperwork needed. You may want to join in if there are other suits against him.

Review the contract and any sales literature they gave you to see whether they promised to do certain things, even if they didn't promise a successful outcome. If the company has not doe what it promised, there is a breach of contract and you have a decent chance of winning is Small Claims Court. Another strong possibility is that upon being served with your claim, the company may (1) produce evidence that they have been working with your lender; (2) start working hard instead of goofing off; and/or (3) give you some or all of your money back to get you to settle out of court before the hearing on your claim.

If you cannot afford an attorney to help you with this matter, consider filing a complaint with California Department of Real Estate, the California Department of Justice or the State Bar of California, or all of them.

Representatives of foreclosure consultants must be either attorneys or bonded real estate licensees. Foreclosure consultants must also be bonded and registered with the California Department of Justice (and submit advertising and promotional materials).

A foreclosure consultant may not collect any advance fees once a Notice of Default has been recorded against your property. California lawyers are exempt from this prohibition because they are bound by their own set of regulations regarding the collection of advance fees.

Even if a Notice of Default has not been recorded against your property, a written agreement is required and the agreement must have been submitted to the Department of Real Estate for review and approval before the consultant may use it and collect an advance fee.

A foreclosure consultant may not claim, demand, charge, collect, or receive any compensation until after the consultant has performed each and every service the consultant contracted or represented he or she would perform.

A homeowner may sue a foreclosure consultant for violating these and other rules not summarized here, and judgment shall include actual damages, reasonable attorney�s fees and costs, equitable relief and exemplary damage of at least three times the compensation received by the foreclosure consultant. The foreclosure consultant may also be fined up to $25,000.00 or imprisoned for up to a year or both for each violation.