Can I sue the bank for making false accusations and refusing to accept my mortgage payments in civil court for damages ?

Asked 10 months ago - King, NC

I received a letter from the mortgage servicer saying that the bank will no longer be be accepting payments that I am or have been involved either directly or indirectly, b/c after the passing of my mother, continued the process of a loan modification by disguising yourself as the borrower of record.I refuted by sending a copy of a recorded affidavit I had recorded with the county recorder before I even received this letter stating in April 2012 I sent in the monthly payment, copies of the Notice to Creditors/ Death Certificate & Letter of Testamentary. I also signed the loan modification papers as executrix of my mother's estate. I received a letter back saying they are still not going to take my payments. They have no proof I was disguising myself and they're making me default.

Attorney answers (2)

  1. Kenneth Love Jr.

    Contributor Level 18

    Answered . Get a lawyer now to assist you. The case law in NC has not been very homeowner friendly in terms of the mortgage world. you will need assistance in fighting this.

  2. Michael Christopher Burr

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    1

    Answered . Sounds like your argument is that the modification went through, you made payments, and now it's a done deal. If you lived up to your side of the contract, you may be able to win. Their argument is they thought they were dealing with your mother and that you were not eligible for the modification. Either of you could win, and then again, they could foreclose and let you present your argument in court. It's a pretty close case. I think you would be wise to get a lawyer involved to draft a letter saying you have an enforceable contract and they need to live up to it. You of course would have to provide all money that's due under the modification.

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