Legal Question in Real Estate Law in California

Fore barance question

friend of mine was approved for a fore barance on her home. Now someone at lenders office said they did not know about her fore barance will be foreclosed on her home. Does she have legal re course?


Asked on 1/20/09, 6:58 pm

2 Answers from Attorneys

Gregory Coleman Coleman Law Office

Re: Fore barance question

Banks do this a lot- not sure why. Banks will get people to put money down for a loan work out and at the last minute it isn't approved. Your friend needs to contact a bankruptcy attorney who can help her with the arearage on the home as well as any other debt they may have. Suggestion would be to at least speak with 2 different attorneys about it.

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Answered on 1/20/09, 10:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Fore barance question

A lot more facts would be needed to see whether a forbearance agreement is enforceable in this situation, but the apparent fact that none of it is in writing nor signed by anyone points strongly in the direction of non-enforecement. Your friend should go back to the bargaining table and try to get something in writing before it's too late.

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Answered on 1/20/09, 8:03 pm


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