Can I sue chase bank?
We were in the process of working with a lawyer to stop foreclosing on our house through the 2009 home owner affordability and stability act. In the previous months we had tried loan modification with them and kept getting the run around. Our lawyer contacted chase to stop the sale of our house. We were told that we were 5 days too late that the house had already been sold. We contacted the realtor about cash for keys. We were told they would call us back. This went on for three weeks. When they finally left us a message they told us we did not call in time but have it recorded that we did. I asked them who I should speak to about this and she told me the bank that they STILL own the property.... Chase had told us they sold it to the realtor so that we could no longer pursue keeping the house..... I don't know what to do. I am sick and tired of being screwed and lied to so they can hurry up and kick us out before we can do anything
- babyboomer1001Lv 77 years agoFavorite Answer
It sounds as though you were too late. Further, once the house is pegged for foreclosure, they have the right to foreclose on it. Nothing says that they have to stick to the expected day that the auction will take place. That day is only estimated and closer to the day, may be changed. If it was changed to go to auction earlier than expected, tough luck. You just didn't do what you had to do in time. It is unfortunate that you lost your house but I don't see how you can accuse the bank of screwing you, just because they gave you what you call "the run around". Sometimes, people just don't have the income to do a loan modification. Sometimes, they just can't afford the house payments. You can't blame the bank because of your lack of finances. They are not obligated to you. It is the other way around. It sounds like you didn't get the answer you wanted and you are angry because of it. I had a friend who went through the exact same thing. She lost her job and her husband became disabled. When some people are desperate, they cannot rationalize and don't see things quite accurately. It is unfortunate that you were unable to work out a loan modification with the bank. Prolonged failure by the bank to get to the point where they give you a structured modification means you didn't qualify - they couldn't make it work based on your income and expenses. Some people will never accept responsibility and continue to blame the bank. They gave you the loan You requested. You breached your agreement to repay the mortgage loan. Stop blaming others and take responsibility. Sorry you lost your house but, I've seen too many people angry and blaming the bank when the responsibility is their own circumstances.Source(s): Some foreclosure experience but am not an expert and I don't claim to know everything.
- Spock (rhp)Lv 77 years ago
firstly, if there was a foreclosure, it was recorded in the local land records. your attorney knows this and should explain it to you. also recorded is the new owner and any and even subsequent transfer of ownership and the newest new owner.
the most common case is that the 'bank', acting as agent for the actual owners of the loan, takes the house at foreclosure because all bids are less than the amount owed. you need to realize that the agent ['bank'] has to follow the actual owner's instructions or be sued. it is the actual owner of the loan [and now possibly the house] who makes the decisions -- the 'bank' does NOT get to decide when various actions shall be taken or offers accepted. All they get to do is follow orders from the actual loan owner and relay your offers and communications to it/them.
Some of the its/them have difficulty responding to anything in a short time period and others intentionally make it policy to not respond. Maybe your attorney knows which or can find out.
do a bit of research for yourself [we have no idea where you are] -- how long is the actual period in your state between 'foreclosure' and actual eviction [or possession by the new owner]? In my state [and California] this can be long -- months or even years. [I personally know of one house in our area that has been in the foreclosure courts for over two years so far -- it hasn't actually foreclosed yet and the people living in it haven't been evicted.]
'cash for keys' is an offer by you to vacate the premises, leaving same in good condition, in exchange for cash. probably, only the actual property owner can decide to accept or reject such offers.
be advised that if you intentionally destroy or take anything that belongs to the new owner, you can be charged with malicious destruction of property and/or sued for the value of the destruction [at full contractor costs to repair same]. unless you're planning to go bankrupt, this probably isn't a wise idea [financially speaking].Source(s): retired landlord
- 7 years ago
I feel really very sorry for you and i wish there is somthing that i could have done to help you in this time of need but i cant. Although as far as sue is concern, why dont you simpily talk to your lawyer abou it? i am sure he most know how why and if you can sue those greedy basturds.
- 7 years ago
You need to be asking your lawyer about what action you can take.