Can a bank force payment on business loans, and give one week notice with threat of judgement/ sheriff sale? I think maturity

Asked almost 2 years ago - Langhorne, PA

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date has passed; however, they've never sent warning other than occasional late letter w/ fee. Last Fri. got fed ex letter from atty. stating pymt in full 2 be made by this friday. Do we have any recourse in meantime? They hold mortgage & HELOC. We worked with them 6 months ago, 2 refinance the 4 loans into one; however, they failed 2 consider taxes which were'nt amotorized. Thus, we'd pay the same amt. once/ month rather than 4 pymts & extend the maturity date by 4 years. Simply buying us time 2 pay off rather than decrease monthly payment by $500 which was the original verbal/ draft agreement w/ manager. We declined & countered; requested 20 yr. term & shot down for ? reasons. Mortg.Bal = $55K matures 2014 HELOC = 65K Business = $14K & 3K $135K in equity

Additional information

Followed up with Hope Line on helpwithmybank.gov and spoke to counselor re: HUD help, she refused to believe bank had offered to refi given our neg financial status, and continued asking questions to "build my file" (Credit Counselors of San Fransisco) over a 1 hour conversation. By 7p.m she wanted to phone my mortgagor to engage in consolidation talks and again, I tried to steer her about the re-fi, but she wouldn't listen. I told her we could not speak to anyone since they were closed at that hour. She followed up with a 3 page letter to my lender telling them EVERY detail about our financial status, which I did not give her permission to do, not did I want them to necessarily know about my finances. Some of the information was jumbled and not true. I believe she has them concerned and more or less blew the whistle on us instead of helping us at all. I do not have 17K by friday to pay my lender. Do I have any recourse to her actions in divulging our personal financial information without permission?

Attorney answers (2)

  1.

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    Tucson Bankruptcy Attorney
    Contributor Level 17
    Best Answer
    chosen by asker

    Answered August 16, 2011 19:43. They have to follow procedure which includes serving you with a lawsuit, obtaining a judgement, obtain a writ etc. All that takes time.

  2. Glen Allen Bankruptcy Attorney
    Contributor Level 20

    Answered August 16, 2011 20:47. If you did not authorize the lender to release information on you account and the lender did it anyway, You may have a claim, but you would have to prove damages.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice.... more

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