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Alex Esquire
Alex Esquire, Attorney
Category: Estate Law
Satisfied Customers: 16630
Experience:  Handled many probate matters
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Can you answer a question about Breach of Contracts? It is

Customer Question

Can you answer a question about Breach of Contracts? It is regard to a mortgage loan that needed a modification: is this something you can help with or out of your expertise?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: california
JA: What documents or supporting evidence do you have?
Customer: Sorry, I was away from my computer:
JA: Anything else you want the lawyer to know before I connect you?
Customer: What I have is: Written Trail Plan Agreement that stated to make a certain monthly payment for three months, and at the three months the bank would re-evaluate my financial situation; although the day the Written Agreement was drawn up, the payment dates needed to be changed. Quality Control sent the file back to the loan rep and the loan rep quit his job. Nothing was done by the Bank. I have verified documents from the Bank's discovery the produced this Written Document, as well has the 45 + calls I made to follow up on the Written Agreement. So my question there exists a Written Agreement, but because of the Bank's negligence of not responding with follow through I was never given the opportunity to begin my Trail Payment Agreement. Is this a Breach of Contract, since there is proof of a Written Agreement exists and Proof that I was approved and proof that I did call numerous times, and there is proof the Bank dropped the ball?
Submitted: 8 months ago.
Category: Estate Law
Expert:  Alex Esquire replied 8 months ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

Do you have a written copy of the agreement that is signed by both you and the bank?

Customer: replied 8 months ago.
Not sure if you read my reply: There "exists" a Written Agreement, the intent of the Bank was to mail it; it was never mailed because of lack of follow through after the loan representative quit his job the day the Written Agreement was supposed to be mailed. The above is all documented.
Expert:  Alex Esquire replied 8 months ago.

Thank you for your follow up.

Unfortunately, generally, unless the contract was fully executed by both the bank and the homeowners, by it being signed by both parties, such contract, which is not fully signed by all parties would not be considered to be legally binding or enforceable, thus no breach of contract would exist.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

Customer: replied 8 months ago.
If that is the case, then why would this case go to trial? and I would have paid $50,000 in attorney fees?
Customer: replied 8 months ago.
Would it be considered a "Promise" ?
Expert:  Alex Esquire replied 8 months ago.

Thank you for your follow up.

Were you behind on your mortgage payments?

Did the bank file a foreclosure case against you?

Please clarify.

Thank you.