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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118200
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My mother has a reverse mortgage (HECM). Novad has dealt

Customer Question

My mother has a reverse mortgage (HECM).
Novad has dealt with us for HUD. I mailed back 2 occupancy papers to Novad , however I now know that they didn't receive them.
Novad is requesting we pay back the loan by 11,26,16 & the loan is $675,154.49.
We want to remain during the holidays.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
First of all, if you mailed them and they never received them, they had to notify you in a timely manner that they were not received. It is an unfair and deceptive practice and breach of contract for them to try to call the loan due in default if you can prove to them you did send the forms, whether or not they ever received it. This also is a game these companies play claiming they did not receive forms sent to them multiple times and you need to contact the company and explain to them this is an unfair and deceptive practice and you are going to report them to the CA Attorney General for fraud and unfair and deceptive practices based on the fact you sent in the forms and they never timely notified you that they never received them.
If they refuse to change their mind on this, then file your complaint with the Attorney General and also engage a local consumer protection attorney to file suit against them for breach of contract and unfair practices if they want to continue forcing the repayment.
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