Being Sued by our Ex-broker.
We were intending to refinance home and being summoned to small claims (CA) by our ex-broker for "breach of contract:fees already pd. by plaintiff prior to defendents breach of contract".
Here are the facts...
12/04/06-Sign/notarized all docs (incl. 3-day right to cancel)
01/04/07-Called broker asked if I should make Jan. pymt; was told no... loan not funded.
01/13/07-Broker called and said DO NOT make Jan payment at all... loan still not funded.
01/15/07-I started getting calls from current mort co... I made pymts; didn't want bad credit.
That week I started calling around because I was frustrated they had not closed our loan yet... and found that on top of them sitting on our paperwork... they were charging over 4 points in loan orig fees.
I told broker to forget the deal, we would find someone else... it was my understanding (from our new broker) that the docs he had we old... and would have had to been re-drawn anyway... (which still would have given me opportunity to sign new 3-day recission)
1 month later... we are being taken to small claims... I am sure his claim will be that I didn't sign 3-day recission... does he have a legit claim? Its my opinion that he didn't perform... that why I went elsewhere...
Thoughts/comments would be appreciated...
Tracy
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