Legal Question in Real Estate Law in Florida

We were working with one mortgage broker and decided to change when we found out the fees that were involved. We sent a letter stating that we wanted to withdraw our application completely and use a new broker. Now the first broker who we withdrew our application from is sending us invoices for services performed and is also going to send us to collections and put a lein on the house if we do not pay her. Is there anything the first broker can do if we didn't sign a contract??


Asked on 8/13/10, 6:50 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

If you agreed to pay for certain up front costs, such as a credit report, or appraisal, AND this was ordered AND completed prior to your notice to withdraw, then you are obligated to pay for lender's "out-of-pocket" expenses. If you did not agree to pay for itemized costs, or the expenditures were made after you sent notice of withdrawal, then the lender may not claim those costs against you. Placing a lien on a person's real property is a very risky move for this lender. If she does this, you should contact a real estate attorney to pursue a "slander of title" claim against her. She has no interest in your property, and she may only attach it if she gets a judgment against you for her collections action, and you refuse to pay. You may want to take her invoices and threats to a real estate attorney for review. Sometimes a letter or phone call from an attorney helps people to be more realistic as to their claims.

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Answered on 8/18/10, 7:04 am


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