Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My wife and I sold our home to get out from under the mortgage…

Customer Question
My wife and I sold...
My wife and I sold our home to get out from under the mortgage and to relocate in a cheaper area with a cash purchase of a home. We had a 2 week escrow (an all cash sale) which closed last Friday, June 18, 2010. The problem is Chase has been delaying faxing the payoff statements (for the two equity loans on the property, the mortgage was paidoff on June 18,2010) to the escrow despite numerous faxes and phone calls from both myself and the escrow officer including one conference call. Chase was notified of the escrow when it opened and given the closing date within the first week. I kept them appraised of the progress and restill received numerous calls from Chase until June 16 when I informed them that escrow would close on time. The payoff request was faxed by the escrow company on June 17, 2010 and assured that it would be received on time, but nothing. Chase is now claiming to have sent the documents on time but to the escrows phone line rather than to the fax. We have a bid in on a house and we'll need to show proof of funds in a day or two. My main concern is one of the equity loan was due to change status on the closing day of the escrow, and that Chase has stalled and is continuing to stall in an effort to seize more of the proceeds. In this whole process they've extremely difficult and non-responsive to the requests of myself, the escrow officer and our real estate agents. Could they intentionally sabatoge the payoff in order to file a notice of default?
Submitted: 8 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 34 minutes by:
6/23/2010
Real Estate Lawyer: Infolawyer, Lawyer replied 8 years ago
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 63,754
Experience: Experienced lawyer
Verified
Hello and thank you for your question. No, if they intentionally do so then you have a defense of their acting in bad faith to raise in court.
Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Infolawyer Your Own Question
Infolawyer
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 63,754
63,754 Satisfied Customers
Experience: Experienced lawyer

Infolawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

63,754 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I am trying to figure out if something is mortgage fraud. I
I am trying to figure out if something is mortgage fraud. I think it is... … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,543 satisfied customers
I am inquiring on behalf of my brother who is very ill right
I am inquiring on behalf of my brother who is very ill right now. He has entered into sales contract to sell his home, opened escrow and now the lender is stating that he owes $142, 000 more than what… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
63,754 satisfied customers
My refinance escrow was given a payoff demand from then
My refinance escrow was given a payoff demand from then existing lender. The lender promised to provide reconveyance upon escrows close. The escrow closed yet, the lender failed to provide the reconve… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,373 satisfied customers
Our mortgage principal is 179,201.94. they are telling us
our mortgage principal is 179,201.94. they are telling us that payoff is 193,000. we owe 15000. in payments.when they took over our mortgage from another company they raised our monthly payments by 30… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,187 satisfied customers
Is a Letter of Intent to Proceed Binding in California. Is
Is a Letter of Intent to Proceed Binding in California. Is there a right of recision period during which I can back out. Context: I've received a GFE from a mortgage broker, and have found a better ra… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
I was a victim of Deaf Discrimination by CHASE Mortgage in
I was a victim of Deaf Discrimination by CHASE Mortgage in regards XXXXX XXXXX second home mortgage I have for my daughter's home. She bought it using my name on the mortgage and with her $30,000 down… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,047 satisfied customers
Hi I applied for a loan modification thru Nationwide Processin
Hi: I applied for a loan modification thru "Nationwide Processing Services" My package was submitted to my lender. The lender is saying that there is a IRS Tax Lien against my property. They will not … read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
In July of 2010 I recieved a letter from my mortgage company
In July of 2010 I recieved a letter from my mortgage company saying they payed my taxes and opened a forced escrow account on me. I was late in paying my taxes because I was trying to get my disabilit… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I am trying to negotiate a payoff of my 2nd mortgage.
I am trying to negotiate a payoff of my 2nd mortgage. Property is underwater. My 1st loan covers 95% of the property value. Completed a Ch. 7 bankruptcy and was told to negotiate a payoff of 2nd as we… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
HI! In April 2009 my husband lost his job, at that time I had
HI! In April 2009 my husband lost his job, at that time I had a reduction in hour at work. This caused us to fall behind on our mortgage. Chase contacted me and told me if I would qualify for a loan m… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
i sold my house and went to closing on May 26th and since the
i sold my house and went to closing on May 26th and since the 24th of May the title company and i have been waiting for Chase to provide us with a payoff and as off today we still haven't been given o… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,047 satisfied customers
I enteren into a contract to purchase a home in Texas. It was
I enteren into a contract to purchase a home in Texas. It was a 45 day contract. I was referred to a mortgage company by the RE Agent. This ended up disaterous and she was unprofessional so the agent … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
63,754 satisfied customers
Hi, My name is Donny and Im living in San Jose, California. I
Hi, My name is XXXXX XXXXX I'm living in San Jose, California. I was shocked in receiving a notice on my front door last week from Chase bank stated that my house had been in foreclosure proceeding on… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am not sure if this falls under the consumer protection law
I am not sure if this falls under the consumer protection law or the real estate law. In June 2009 My husband and I applied for a refinance to consolidate our mortgage and home equity line of credit. … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
We just got our house refinanced, by Lend America,made our
We just got our house refinanced, by Lend America,made our first payment for Nov. and already cashed. We closed escrow on Sept.30,2009.Disbursement was supposed to have been made Oct. 5, 2009.Wells fa… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
In the State of Texas, Chase holds our mortgage. Lost job,
In the State of Texas, Chase holds our mortgage. Lost job, eventually gained employment, behind on mortgage. Sent our acct to foreclosure deptartment. Made arrangements w/Chase to make three months of… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
My wife and I refinanced our loan last year with the same company
My wife and I refinanced our loan last year with the same company to try and get ride of some dept. In the loan package, they were to refinance us as well as pay off a credit card we had with a balanc… read more
VF LAW
VF LAW
J.D.
112 satisfied customers
I am purchasing a house for $63540 and my total sttement ...
I am purchasing a house for $63540 and my total sttement charges are $5827 and that is with $100 down. It is a hud home with fha financing. Is this amount high . I am only paying 1% orgination fee and… read more
Kara K.
Kara K.
Real Estate Attorney
J.D.
184 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x