What can I do if the mortgage broker never finalized my MCC paperwork with TDHCA?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do if the mortgage broker never finalized my MCC paperwork with TDHCA?

When buying my home I asked and qualified for the mortgage credit certificate
MCC program. I completed all the necessary conditions and paperwork and paid
the required fee. After contacting TDHCA because my certificate never arrived, I
was informed my certificate was never issued because the mortgage broker failed
to finalize paperwork with TDHCA on their behalf. This is a tax credit for up to
2K/yr for the life of my loan I’m unable to claim without the certificate.
I’ve periodically contacted the broker over the pasts 3 months with no
resolution.

Asked on June 5, 2019 under Real Estate Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can sue the mortgage broker for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable mortgage broker would have exercised under the same or similar circumstances to prevent foreseeable harm). Your damages (monetary compensation you are seeking in your lawsuit) would be the loss of the tax credit.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption