Legal Question in Real Estate Law in California

Letter of protest

I would like to write a letter to have included with loan papers that I signed under protest. The loan officer says I cannot do that, or it will stop the loan. I don't want to stop the loan, I just want someone to know that I am unhappy about signing for this loan for my mother-in-law. Why can't I?

Asked on 8/23/06, 2:31 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Letter of protest

If you were not happy about it you should not have signed. Either you will let the loan go through or you will not, it is your choice. Whatever you choose, do not complain.

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Answered on 8/23/06, 3:01 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Letter of protest

We are taught in law school that "grumbling acceptance" of a contract is nonetheless acceptance. So, after-the-fact complaints probably wouldn't affect the validity of whatever you signed. However, if what you signed is a loan application, and therefore still subject to approval and acceptance by the lender, the lender retains full rights to disapprove and to refuse to lend for any valid reason. So, if for example you signed as a guarantor and then later inform the prospective lender, directly or impliedly by expressing displeasure, that you may not honor your guaranty, I'd say the lender would be justified in pulling the plug on the whole deal.

I think you've been warned, by the loan officer, that that's exactly what would happen.

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Answered on 8/23/06, 3:23 pm

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