Legal Question in Real Estate Law in California

putting blame on borrower

I just got a refi on my house and it got approved by small prvt loan company. They said supposibly I lied (which is not case) on income to get loan done. Can i sue them or get fees reduced since they should of checked it with w-2's etc.?


Asked on 5/22/08, 2:51 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: putting blame on borrower

There are two very important facts missing from your question. First, you don't say to whom the loan company said you lied. If they said it to you, and no one else, the legal significance is very small, possibly nothing more than a little evidence of negligence.

If the statement about your lying was made to a third party, you might have a claim for slander or libel.

The second thing that's missing is what harm was done. It sounds like you got the loan anyway, since you start out by saying "I just got a refi." If you got it, what harm has been done? You can't successfully sue people for nonexistent harm.

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Answered on 5/22/08, 11:57 am
Judith Deming Deming & Associates

Re: putting blame on borrower

Are you for real? Is your defense that they should not have believed you when you lied? Come on; you are supposed to tell the truth and you sign a statement on your loan application to the effect that everything is true and correct UNDER PENALTY OF PERJURY. If everything was true then what are worried about? If something was not true, then only you are responsible.

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Answered on 5/22/08, 5:48 pm


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