Legal Question in Real Estate Law in Illinois

home mortgages

if you have had a mortgage for a few years and your bank sells your loan, can the new bank ''force'' you to refinance?


Asked on 7/02/09, 4:39 pm

2 Answers from Attorneys

Re: home mortgages

Please repost with sepcific conduct of the new lender.

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Answered on 7/02/09, 5:39 pm
Walter Palmer Law Office of Walter Palmer

Re: home mortgages

I have never heard of it, but these days, who knows?

The note/mortgage combination is a contract, and the terms cannot be modified without consent of both parties. I suppose they could find ways of making life so miserable for you through harassing/threatening telephone calls, etc that the mortgagor would.

If you are being nagged by a loan company trying to get to you refinance - to terms more favorable to them (!), call Lisa Madigan's (Illinois Attorney General) office and talk to them. Be prepared to state your problem several times as you work your way through the table of organization, but her office has been pretty active in protecting consumers in this regard. If you can afford to, go down to the State of Illinois' Thompson Building across the street from Chicago City Hall and find the Attorney General's office there. You get better action in person.

There has been a lot of outrageous 'stuff' going on recently - people in foreclosure have been threatened with arrest if they hire a lawyer to defend them, etc. Extortion is a crime which is 'complete' when a viable threat is made even if the threat is not carried out.

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Answered on 7/02/09, 5:53 pm


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