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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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After agreeing to except a deed in lieu on approx Nov 10, 2010,

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After agreeing to except a deed in lieu on approx Nov 10, 2010, and also telling me at that time not to make any more payments on the mortgage, after paying off the 1st and 2nd mortgages, the bank still reported all of the payments as late on our credit report. The credit report shows paid as agreed but 120-150 days late. The bank was paid in full on Mar 11,2011, the house had been on the market for over three years and was worth over 100,000, much more then what was owed. My question is it worth sueing B.O.A. and ask for discovery of the phone conversation where they told me not to make any more payments, and go to court?

William B. Esq. :

Thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

It is possible to get these phone records through the discovery process in litigation.

William B. Esq. :

However, whether or not it is worth suing the bank over this is a personal strategy consideration that you must make - litigation does take time, effort, and emotional commitment. You will need to consider what you intend to get out of the litigation (what relief you are entitled to). If the bank is not demanding any money, it is only a claim for declaratory relief based on your credit score, which is often considered a "speculative" damage and is harder to prove recovery.


All that is needed is to remove the negative which will be there for seven years. I'm not looking for a monetery result.

William B. Esq. :

You can continue to work with the bank in an effort to remove the negative ratings (they should work with you). Unfortunately I do not have any special trick to resolving this outside of litigation (we cannot force banks to do something outside the courts). But you can attempt to work with managers, supervisors, or other departments - in our practice it is often a matter of finding the right person to assist you.

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