Hello and thanks for submitting this question. First, let me point out that the mere filing of a suit doesn't create any kind of lien against your property. Therefore it cannot be the cause of difficulty in refinancing your home. That is especially true when it is being defended by your insurance company. You cannot hire your own attorney to try to push the case faster without spending thousands of dollars, plus jeopardizing your insurance coverage. In my opinion, that would be an idiotic thing to do. You really have no legal options other than to cooperate with the company's counsel. Their strategy might well be just to let the case die of old age, and that is their right to decide.
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I never mentioned anything about a lien. I carry $500,000 liability. The underwriter was not satisfied since, the amount I am being sued for is not specified in the lawsuit. Therefore a letter from attorney to lender does not resolve the issue. I did refuse to share(fax) a copy of the lawsuit to lender. I was advised not to share. I have no debt, except for the 220,000 existing on my mortgage. 3 credit bureau scores 780-820. I have a great LTV percentage with much more equity than money owed on mortgage.I own another property free and clear worth much more than the refinance. I have retirement and cash in excess.
As to hiring an attorney, initially in a letter from my counsel "The amount you have been sued for is not stated in the complaint" he advised that there might be an uninsured interest and I might want to hire a personal attorney. So as far as my uninsured interest goes I can hire one, but will not.
I can't help feeling the plaintiffs attorney is looking to settle with the city before they get to see my video. Plantiffs attorney can never give a date for a viewing as part of discovery. My attorney feels video would release me from suit. It is why I feel like a hostage.
would re-fi matter if it is not with holder of mortgage, but xyz loans
Different companies have different criteria for mortgage re-fi. You should definitely check with other companies who might welcome your mortgage account. I'm frankly very disappointed in your 'bad service' rating. We don't guarantee legal "magic pill" answers to all situations. I have extensive experience in both personal injury litigation as well as real estate financing which is a rare combination. If you had received this consultation from most attorneys, a $500 billing would have accompanied it. I hope you will choose to correct that rating with a positive one here.
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