Legal Question in Real Estate Law in California

If I'm writing a letter to a former mortgage lender that I may sue later (depending on their response to my letter), should I include the company's general counsel in my (very polite, carefully worded and unemotional) letter? On one hand, I think it's a good idea to include him, because he would recognize that the company did break the law. But on the other hand, I don't want to "tip my hand" or come across as if I am threatening legal action... although that is, again, something I am weighing.


Asked on 1/13/13, 4:04 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Good question. I'd say it depends in large degree upon your strategy. Is your letter to the former lender intended to gather more information, or to make a threat or demand? If it's the former, I'd leave the law department out of it. On the other hand, I'd suggest that you direct your inquiry to a level of management that's high enough so that it gets read and considered by officers with an ability to respond personally and intelligently, rather than engendering a form letter response from a clerk with 18 months' experience.

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Answered on 1/13/13, 8:13 pm


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