Legal Question in Credit and Debt Law in New Jersey

Wits End

I recently attempted a refiance on my home to consolidate debt & in the middle of the refinance I was told that the senior loan officer ''Quit'' and is No loanger with the company, there for they transferred my case to some one else, Now after jerking me around for 2 1/2 months they tell me we cant close due to my husbands credit score, now I find out that the first guy had charged my credit card for the appraisal $445 which I Did NOT give him permission to do so, was told they would handle it,needless to say I called back very upset & was told I would be refunded in a check right away, its been 2 1/2 weeks now and NO check? they now tell me that the check was sent out and I should have gotten it,NO Check, being told that they will put a trace & stop ayment on that check and issue a new one? I call and Never get a call back now? what should I do? I think there tryin to buy time till the expiration time limit on disputing it on mycredit card runs out. I dont want to do that cuz im in the middle of refinancing with a reputable company now and dont wanna send up any red flags, HELP what do I do? Any advice would be greatly appreciated. Thank You.


Asked on 11/08/06, 5:13 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Wits End

I don't know any reason why you should not use your credit card's chargeback feature if it is available. A disputed debt should not affect your credit so long as the credit card company has the correct status.

As to the balance of your problem with the mortgage company, a call to your County prosecutor might be in order. $445 is an extraordinarily high fee for an appraisal if that is all that was involved. There may be more going on here than is obvious to you. Check first with the BBB and your County's consumer affairs poc. If you find that there are other complaints against the company, you should make the prosecutor aware of the problem.

If your investigation leads you to the conclusion that the mortgage company is scamming you, you may also have cause to file a criminal complaint in municipal court. That could result in the court's ordering restitution to you. You should not, however, bring a criminal action unless there is good cause to believe that the company took your money without the intention to provide services to you.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 11/08/06, 11:17 pm


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