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Can I sue my lender for not helping with modification refi

Chula Vista, CA |

in 1 month will foreclose only owe 44,000 and the home is about 120,000 need to stop foreclosure

Attorney Answers 4

Posted

I agree. Just because there was not loan mod doesn't guarantee a cause of action against the bank, but if you were treated unfairly or other procedures weren't followed, you may have a claim. The key is to get an evaluation ASAP.

(Also, none of the above shall be construed as legal advice, nor does it create an attorney/client relationship. For more detailed information, feel free to contact me for a consult. Thanks!)

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Posted

You'll probably need to file a Ch13 Bankruptcy if you are unable to postpone the sale ... that will stop the foreclosure sale.

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Posted

Yes, you may have valid claims against your lender regarding the loan mod process. If the foreclosure is set in a month, you need to contact an attorney immediately and seek advice/help.

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Posted

You can't force a lender to do a loan modification. Unless you have some legitimate claim against the lender for violating laws the only way I know how to stop the foreclosure is to file chapter 13.

I am not YOUR lawyer. Don't rely on answers to questions as legal advice. For legal advice contact a Bankruptcy Attorney for a consultation. Tokarska Law Center is a Federal Debt Relief Agency representing individuals and businesses in filing for bankrutpcy protection under the U.S. Bankrutpcy Code. Kathryn U. Tokarska is a San Diego Bankruptcy Attorney, owner of Tokarska Law Center, 185 West F Street #100, San Diego, CA 92101, (619) 285-1992 www.sdbankrupt.com

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