Legal Question in Consumer Law in Minnesota

Mortage Payment History

I cannot get my current mortgage company, Bank One, to provide me with a written statement showing payment history, current loan status, and absence of of any late payments (30/60/90). They will do a verbal, but refuse to provide a written or fill any forms submitted so that I can re-finance with another mortgage company. I feel like I am being held hostage by Bank one-without being able to provide this info in writing, I cannot re-finance with another mortgage company.


Asked on 12/09/03, 1:25 pm

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: Mortage Payment History

you have three options (i'd choose the first)

1. get a friend on the line when you call or have a friend go with you to the office. get the verbal statement that you've never been late etc. in front of your friend. have an attorney draft an affidavit for your friend to sign stating the fact that he was present when the bank one officer (identify by name and rank e.g., vice president - there's at least one at every branch but as a corporate officer a vp has the power to bind the corporation with his statements) stated that you've never been late and whatever else you want to say. have the friend swear that's true in front of a notary or clerk of court and get it authenticated by the notary or clerk. submit that affidavit with your new application.

2. sue out a writ of declaratory judgment to the effect that you've never been late etc. in your local trial court of record.

3. file an action for an accounting with your local trial court of record.

these options are not mutually exclusive. you can do any or all of them. i suggest you get a lawyer to help you.

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Answered on 12/09/03, 3:20 pm


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