How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TJ, Esq. Your Own Question

TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 9684
Experience:  Licensed to Practice Law
Type Your Real Estate Law Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

I have a home loan with Wells Fargo and I recently applied

Resolved Question:

I have a home loan with Wells Fargo and I recently applied for a refinance with them. I told the agent upfront that I had gone thru a Bankruptcy & Foreclosure 4 years ago and that I also was declined a small loan about a year ago for $2500 with using the title on my car as security. I was turned down by them then and this time after taking my credit report ( 670 ) and reassuring me that my credit report looked good and then getting an appraisal which cost me over $400 up front. The same day I got the appraisal I also got the rejection from Wells Fargo stating the Bankruptcy & Foreclosure along with late payments caused the denial. I have been late with no one since my Bankruptcy in Oct 2009 was released and I am out the $400. The agent tells me he did not know about the bankruptcy because I did not tell him upfront which is a lie and even if I did not tell him which I certainly did why did he not read it when he pulled it up on my credit report. The house appraised for only 58K and I owe them 32K so now after pushing the agent a bit he tells me I have to find out when HUD paid off Chase for the house I was foreclosed on.
Do I have a case for truth in lending fraud?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 9 months ago.
Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I will do my very best to answer your legal questions.

Who is the agent? A Wells Fargo employee? A mortgage broker? Somebody else? Also, what guarantees did he give you (if any)?
Customer: replied 9 months ago.

Brian Keith Lewellen. No guarantees other than only the appraisal if it came in to low for a loan to value mortgage

Expert:  TJ, Esq. replied 9 months ago.
Hello again.

Sorry for any confusion, but when I asked who the agent was, I didn't mean for you to tell me his name -- his name has no legal significance on the situation. I meant for you to tell me his position ... is he a Wells Fargo employee, a mortgage broker, a real estate agent, etc.? Can you clarify that info? Thank you.
Customer: replied 9 months ago.

Sorry he is a Wells Fargo employee handling mortgage loans.

Expert:  TJ, Esq. replied 9 months ago.
Hello again.

Thank you for the clarification. Unfortunately, I don't see this as a Truth in Lending Act (TILA) violation. The TILA requires various disclosures in order to prevent predatory lending, etc. Based on what you wrote, it doesn't sound like a TILA violation because the agent merely gave you his opinion on your chances of being approved. I suspect that if you review your paperwork, you will see that nothing was promised. However, you should review such paperwork to be certain.

If the agent had been somebody else, such as a mortgage broker, then I'd say that you may have a reasonable case to demand the $400. But as it stands, based on my experience, it is likely that the written documents makes it explicit that there are no guarantees.

I am truly sorry to give you this bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. I do ask that you rate me based upon whether I answered your question, and not based upon whether the answer was good news or bad news. Your positive feedback is greatly appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To TJ, Esq." in the subject line of your question.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 9684
Experience: Licensed to Practice Law
TJ, Esq. and 8 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.