Legal Question in Real Estate Law in California

We signed a contract for a home loan modification back in the beginning of january with the company green leaf modify now named us homeowners relief, we have been going back & forth with the same questions. our mortage cancel our application and set us up for a short sale because they did not received the updated information from the company we are with. the lender said it is the same time and process if we had done it our selfs ( we did not know any better) i request a report of his dealings with the lender a week ago and nothing as of yet we ask him for a refund and he said that because we are cancelling his services there is no money back. i told him to keep doing his job if no refund was to be issie but still i have to keep checking with him if he follow up with the lender or not. i wish to see if i have a shot to go to small claims and get my money back. is that possible?


Asked on 8/21/09, 12:26 pm

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Yes. You can try suing him in small claims if you believe he has not performed services as agreed under your agreement with him. Also, if he does not have authorization from the DRE or is not an attorney, it probably was unlawful for him to receive advance fees up front from you. There are so many scam loan mod outfits out there and the State is beginning to crack down on a lot of them.

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Answered on 8/21/09, 11:22 pm


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