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I recently sold my home, and the loan provider had changed…

Customer Question
Pearl, hello. I...

Pearl, hello. I recently sold my home, and the loan provider had changed three months prior to the close date. The new loan provider has charged me about $7000 more than what the original pay-off was from my then current provider, which was pulled two months before to sale. The new loan provider charged me a late charge of almost $500 (the house closed on the 3rd of November, they provide a grace period of 10 days for the loan payment before one is charged a late fee). They charged me twice for inspection fees that never happened. Suggestions?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Has any paperwork been filed?

The sale is complete.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No ma'am

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 1 minute by:
11/28/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,397
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 8 months ago
Sure, just send me an email with response. I'm calling Carrington (the new mortgage company) now to ask for an explanation, just want to know how much they are "legally" allowed to screw me before I get in to it with them. :) Thanks.
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks so much for your patience. Ordinarily, if you have a contrat that is assigned from one party to another party (e.g. one bank to another bank), your rights and responsibilities do not change as a result of that assignment. You are still the borrower and your original agreement stays in tact. Thus, if you are charged any late fees, they have to be consistent with your original contract. The only things that would cause you to have to pay those additional fees is if the previous organization forgot to do so or if there is something in your original agreement that authorizes the new bank to do such a thing. If there is no authority for them to do so, then this is a breach of contract.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. I also know of something that can help you with this situation. If you click here, you can request an attorney-prepared breach of contract letter for a flat fee (usually around $250). Turnaround time is less than 48 hours. Take a look at the link and fill out the contact form if you’re interested.

What other questions did you have for me today?

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