Legal Question in Consumer Law in Illinois

Question regarding suspected fraud by mortgage broker and title agency

Simply put, we've been very suspicious of our mortgage broker and title agency throughout our recent mortgage refinance process. We closed about a month ago and both the broker and title agent have, after the fact, claimed they made errors and that we owe them money, about $300 apiece. The broker is playing dumb and appealing to our good natures to do the right thing so he doesn't lose his job. The title agent is taking the hard line and demanding we pay him immediately, threatening multiple times via phone and letters to send us to collection. We have no bill from him and I think there has to be a significant period of delinquency before he can send us to collections, right? There is a great deal more to this situation, but my most pressing question is this: can the mortgage broker and title agent demand money after close because they claim to have made errors? Should we obtain an attorney? Thank you for your help.


Asked on 1/31/06, 1:54 pm

1 Answer from Attorneys

Kevin Plachta The Law Office of Kevin F. Plachta

Re: Question regarding suspected fraud by mortgage broker and title agency

To begin with has the broker and or title agent provided you with documented proof of the errors?

The fact that they are both claiming these errors is very suspect to me. I would speak with an attorney because they could send your account to a collection agency---there does not need to be a period of delinquencey--so it would be best to get this resolved before it goes to collection.

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Answered on 1/31/06, 9:33 pm


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