California  |  Real Estate Law

Legal Question

Asked on: 12/20/05, 5:08 pm

I'm think I am a victim of fraud.

I was approved for a home loan. Then my broker informed me that my credit dropped, so I needed a co-signer. My co-signer signed for me. Our loan was approved, and we signed docks. After a week the loan never funded. The owners closed escrow on the home.

My husband and I lived in the home we were supposed to purchase paying the mortgage for three months. I was asked if I wanted to pay for the HART Program which offered assistance by paying the down payment. I gave my broker 500.00 to enroll me. After signing docks we were told that the lending company does not accept the HART Program, so I asked to be refunded my 500.00.

After our loan was cancelled I attempted to collect my 500.00 when the broker gave me one excuse after another. I decided to notify HART for myself, and received an E-mail stating I was never enrolled, nor did they have my money.

My concerns are this company never intended on us purchasing this home we was paying the mortgage for because by us not being enrolled in HART we had no way of making a down payment.

It took me a couple of months to get my money back, but it was not from HART. Do I have a legal case against the broker, and the lending company?

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