Legal Question in Credit and Debt Law in Kansas

I live in Kansas and refinanced my home with a nationally known lender. We signed the paperwork and closed on the loan on Sept. 23. The loan company still hasn't made the payoff of my old loans as stated in the paperwork as of today. They are harrassing me over the phone and mail about not making my payments in Oct. and Nov. They are threatening me with foreclosure. I have discussed this with several different people and departments of the company. What can I do to stop the harrassment and possible damage to my credit and can I get out of the contract since they have not fulfilled their end of the agreement? The loan agreement that we signed will not be accurate because we have had to continue making payments to our old loan company.

Thanks, Keith C.


Asked on 11/28/09, 4:50 am

1 Answer from Attorneys
Anthony Smith LawSmith

You may want to make a complaint with the attorney general's offices. They may not investigate your specific case that thoroughly, but the cumulative effect of such complaintsw can make bad actors examine thier practices in the state. You might also raise this issue with HUD, if it is implicated in your loan documentation. You might have to sue the lender for breach of the loan contract. You may not get your attorney fees reimbursed by the lender, and you may have to move your claim to arbitration (if your contract states that) You might do well to take all yrou paperwork to an attorney in yrou area, who can examine it an give you advixe specific to yrou case. Many attorneys offer a free or low cost initial consultation.

Good luck

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Answered on 12/03/09, 9:34 am


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