Old 07-28-2009, 07:12 PM   #1 (permalink)
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When is mod legally binding

At what point does a loan modification become a legally binding contract that the lender can not back out of? Can the bank back out of a loan modification offer after I have signed and notorized the loan modification offer? The reason I ask is I was approved for a loan mod in March. I have returned the notorized documents, made two payments as agreed at the new lower payment, and confirmed that they had recieved the docs and payments. I was told that my mod was complete and that they just had to update the system. I filed for bk a couple days later. when I called to find out where to send my payments the bk dept said my mod was not complete and they were not going to honor it! They transfered me to loss mit and they confirmed - again - the the "action status: complete" and that they had not applied my payments correctly and would contact the processor to correct this problem! OMG!!! Can they pull the offer if loss mit said it was complete before I filed but the bk dept doesn't know it? Do I have any legal recourse if they try to back out?


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Old 07-28-2009, 07:17 PM   #2 (permalink)
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Re: When is mod legally binding

If you had an Attorney look over the DOCs then NO they cannot make changes but if you just glanced over the DOCs and did not fine tooth them then there may be something in there like legal terms you did not under stand and in the Future they can make changes and you will not be Happy, If you made copy's take tp Legal Iadf for review then you can relax and know nothing can happen down the road
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