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If lender does not credit your payments, or service your…

Customer Question
If lender does not...

If lender does not credit your payments, or service your loan for over four years what can you do to get a clear deed?

Lawyer's Assistant: What state is this in? And when did the issue begin?

NC it started the first three months of the loan. The also took us to forecloser and lost,

Lawyer's Assistant: Has any paperwork been filed?

None at this poit just our letters to them requesting them to find our checks and credit us.

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

They took us to court and the attorney for the case, walked off the case.

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 1 minute by:
12/12/2017
Real Estate Lawyer: Loren, Lawyer replied 7 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,824
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Real Estate Lawyer: Loren, Lawyer replied 7 months ago

A loan agreement and note are both contracts and, as with any other contract, you can sue a party who has failed to abide by the terms for breach of contract.

The lander failing to credit payments ar specified in the loan agreement is a breach of contract and would subject them to liability for any damages you incurred.

The only hurdle you may face is that the NC statute of limitations for breach of a written contract is 3 yrs. So, expect the lender to raise that defense if you file suit.

You can counter that you would have no way to know of the misapplication of your payments until they filed to foreclose and that is when the clock should start running, not when the payments were made.

If you need assistance finding local counsel to represent you, try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 7 months ago
Thank you, ***** ***** to Court and lost, what do IO do now?
Real Estate Lawyer: Loren, Lawyer replied 7 months ago

Retain an attorney to sue for breach.

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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).

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