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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 2677
Experience:  associate attorney
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I have bee the victum of the loan fraus with hcbs since

Customer Question

i have bee the victum of the loan fraus with hcbs since 2007, since then they have sold my ortgage in june of this year in 2010 I was approved to refinance, and made the payment in nove on the 22nd, when i went to close on the loan in december, I was denied because was told and given the report i was late on my nove payment they reported the payment in dec7th 2010 I want to try to sue them to rcove rsom of that additona interest they scammed me out of
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: indiana
JA: Has any paperwork been filed?
Customer: no i have paper copies of the pay off, credit report, and notice of decline fro refi
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Christopher B, Esq. replied 2 months ago.

In order to sue, you have to have a cause of action -- something specific the other party did that was illegal or malicious or infringed on your rights. You may also be able to collect if someone damages your credit indirectly, for instance by preventing you from being able to pay your bills or get a loan (in your case your refi). So your loss in interest rate is an ascertainable standard that you can collect from. BUT you have to prove that HCBS had some type of wrongdoing like I said before. You need to make every attempt to correct the problem through proper channels before initiating a lawsuit. You must write to the credit bureau and ask them to investigate, not just the bank. Another thing to keep in mind, it's hard to prove someone has meaningfully damaged your credit if you've already damaged it yourself. You need to show that this event was the event that caused you not to get the loan specifically and not that you had bad credit already and that is why you were denied.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated. See link for how to rate:

Expert:  Christopher B, Esq. replied 2 months ago.

Just checking back in, do you have any further questions?

Expert:  Christopher B, Esq. replied 1 month ago.

Just checking back in, do you have any further questions?

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