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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

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Attorney answers 4


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!)


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


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.


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

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