Can I sue a person who promised us they could modify our home loan to a lower payment but took the money and did not provide the services as promised?
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Can I sue a person who promised us they could modify our home loan to a lower payment but took the money and did not provide the services as promised?
We were approached by our neighbor and friend, who was a mortgage broker, and offered a guaranteed modification with a lower monthly payment. She took the money but provided no services. I’m ready to sue her in small claims court. Since she is a business owner, she may bring an attorney with her. I have so much proof that she doesn’t have a leg to stand on unless she brings a lawyer to court with her. Any more advice you can give me will be greatly appreciated.
Asked on October 4, 2011 under Real Estate Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First thing: before suing, check what your agreement with her was, and what the money you gave her was for. If it was an application fee or a charge for her time, then if she can show she did work--even if there was no results for you--it may be that she was entitled to it. It's important to bear in mind that often with loans, there are fees, costs, etc. paid which are nonrefundable even if no loan results.
Assuming however that the above is not the case and you can show she did not actually do whatever she had to do to get the money, then what you'll need to be able to do is: 1) show what the service agreement, etc. was--that is, what was she supposed to do; 2) prove she received the money; 3) show you did anything else you had to do (e.g. provide your financial information), so she can't blame the lack of results on your noncompliance; and 4) show what, if anything, you did receive and win, and how that specifically violates the agreement with her. While you can sue testimony, as much as possible, bring documents with you to court.
For larger amounts (a few thousand dollars), you should get an attorney; for smaller amounts, it may make sense to represent yourself.
Also, figure out what would be an acceptable settlement--the lowest dollar figure you'd accept. While you of course want everything, bearing in mind that court cases are never certain, and have some costs to them, there's always some lower amount that it's worth taking to avoid the expense and uncertainty of trial.
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