Legal Question in Real Estate Law in Florida

Legal Actions Against Mortgage Broker?

If a mortgage broker misrepresents a product or service she discusses with a client who purchases or takes advantage of a recommended product or service, what type of fallback does the individual or individuals have against the broker? Myself and 5 other people are trying to determine what our options are with regard to possible fraud. Thank you.


Asked on 9/22/07, 3:04 pm

4 Answers from Attorneys

Michael Stewart Michael D. Stewart

Re: Legal Actions Against Mortgage Broker?

If there was a material misrepresentaion you could have a case for fraud, with attendant damages/recovery.

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Answered on 9/22/07, 9:07 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Legal Actions Against Mortgage Broker?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It all depends on the extent of the misrepresentations. A Good Faith Estimate should have been provided by the broker to you when soliciting the mortgage. If the mortgage changed from what was offered, then you may have an action. If the broker falsified information on your credit application, then he/she faces possible civil and criminal action.

You need to meet with an attorney to review the matter who can then advise you of your legal remedies.

Scott R. Jay, Esq.

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Answered on 9/22/07, 3:12 pm
Scott J. Wortman Pineiro, Wortman & Byrd, P.A.

Re: Legal Actions Against Mortgage Broker?

If there was misrepresentation or fraud in that the loan was described one way to you and those terms were put in writing but the loan terms changed at the closing table without any justification the mortgage broker and his company could face civil liability for those misrepresentations. It is a highly factual analysis involving the documents, including without limitation, the good faith estimate set forth as far as the expected interest rate and fees and what actually was said and agreed upon by signing the loan documents at the time of closing. You could also file a complaint with the Dept. of Business and Regulation with the State of Florida but no monetary compensation can be provided through that process. Should you and/or your group seek further representation please contact the undersigned for a description of those services and the costs of same.

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Answered on 9/28/07, 11:19 am
Robert Roemer Robert Roemer

Re: Legal Actions Against Mortgage Broker?

If you have an attorney review the facts and documents the situation can be assessed for any misrepresentation.I have

experience in this area and would be happy to help you and other clients assess this matter.I need you to e-mail me a contact phone number so I can call to discuss further.I would suggest you deal with this now -if you put it off you postpone actions which you should deal with while its fresh in everyone's

mind.

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Answered on 9/22/07, 4:39 pm


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