Can I sue a loan modification company for return of fees paid to them as well astrustee/legal fees?

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Can I sue a loan modification company for return of fees paid to them as well astrustee/legal fees?

My house was already in pre-foreclosure when these “people” assured us that a modification was in our near future. My house ended up getting 2 days from a trustee sale, when the “pay off” amount was given. We had to scrabble to come up with $7500 to save our house. Can I sue for the difference. (i.e. if we would have owed $5000 and because they dragged there feet the fees escalated into $7500. Is it reasonable to ask for $2500?

Asked on November 16, 2010 under General Practice, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Is this question being asked in the abstract or do you know for sure that you were out an additional $2500.00 due to the errors of these "people" who I am assuming are the people that were working on your modification.  Do you have all the numbers?  Have you asked the bank?  Ask the bank if the pay off would have been the same had you worked the deal instead of them too.  I would seek consultation from an attorney in your area if you believe that there was some form of malpractice going on here. Someone would have to take a close look at the numbers and the time line to be able to tell you anything.  Good luck. 


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