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    madbayr's Avatar
    madbayr Posts: 3, Reputation: 1
    New Member
     
    #1

    Oct 6, 2011, 07:19 PM
    Can you take legal action against your lender for negligence, pain, and suffering?
    Due to a major error my lender made on my escrow which could have cost me my home. This caused me a panic attack as well as cluster headaches. They pushed their error on me to make me research to resolve the issue.

    I received my annual escrow projected statement. They bank increased my county tax 4.4 times the amount it should have been. I was certain there was an error. Speaking with the tax department at the lender. I asked them how can my taxes increase this much. My salary doesn't increase this much. I informed them I didn't know how I was going to pay for this. The tax department told me I would have to call my tax collector and get there projections for 2012. I was to call the lender back and confirm to them. If there was an error they would change it. Stupid me or smart me, which helped educate me.. Caused me cluster headaches and panic attacks. Worried about how I was going to pay this additional money. Worried I was looking at losing my home.

    Lenders have additional fees to proctect them. Late payment fees, leins, etc. I had to research and fix their error. What are my rights with this negligence, pain and suffering. I feel they violated my rights.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #2

    Oct 7, 2011, 12:01 PM
    You can sue for anything but being able to win is another matter. You could contact an attorney and see if they will give you a consultation on your matter to see if you can win anything from the lender over the tax problem.

    You should have gone in person to the Tax office and gotten a print out from them and taken that in person to your lender and presented it to them with the instructions to fix their error. Doing things over the phone is worthless in most situations (such as you have been able to learn).

    Did you rack up a lot of doctor's bills over this? Did it exacerbate an already existing problem of yours?

    They didn't violate your rights. Sorry, they may have caused you undue stress. And for the pain and suffering that would be up to a judge to determine ifyou are to be awarded anythng.

    See an attorney about this to be sure you can or cannot collect anything.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #3

    Oct 17, 2011, 10:19 AM
    In addition to what my colleague, Twinkie has posted, you cannot in many States sue and collect for "pain and suffering" and/or stress that rises out of a contract dispute. A mortgage is a contract.

    I see no lawsuit on those grounds.

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