Can I sue my loan officer for telling us we got an MCC?

[nek760]

My wife and I purchased our first home in June of 2014. Our loan officer told us that we will be getting a Mortgage Credit Certificate that would equate to $229.10/mo. Long story short, we have reached out to our loan officer multiple times to ask how and when we will receive this Mortgage Credit Certificate (MCC). All she has said is that we are getting it and then stopped responding to us. Now here we are in Tax season and it appears she never did her part to ensure we got the MCC. My understanding is that it is now too late to go back and apply for this benefit. I figure over the course of our 30 yr loan, that credit would amount to $82,476! We made the decision to purchase this house based on that MCC. Those were the terms we agreed to although it is not mentioned in our closing documents which we did mention to her but she said that it was okay and we would still be getting it. I have email correspondence proving all of the above. My wife and I want to sue her for the full amount of the that the MCC would have saved us of the course of our 30 yr loan. What are your thoughts on this?


Here is what she said in her last email.

" After our conversations last night I hope you now are clear on the PMI and FHA loan MI. As I promised here is a break down on a purchase of 350,000 using FHA financing.

Purchase $350,000
Down 3.5% = 12,250
Base loan amount: 337,750
Upfront FHA mortgage Ins. @1.75% = $5910.00 (it's financed)
Loan amount $343,660 @ 4 % 30 year fixed

First: 1640.69
Haz: 52.29 (est)
Tax: 364.58
Fha MI : 379.97 (@1.35%)

Total monthly payment : $2441.53

You will also be getting Mortgage Credit Certificate which is $229.10 , I have attached information about it again ."

 

[army judge]

If it isn't in writing, it was promised. An email isn't a contract. You've got nothing, sorry. Don't believe it? Visit a local attorney and ask him or her. You can do that for free. In fact, visit three or our, ask for free.

 

[Proserpina]

If it isn't in writing, it was promised. An email isn't a contract. You've got nothing, sorry. Don't believe it? Visit a local attorney and ask him or her. You can do that for free. In fact, visit three or our, ask for free.

Whoa... that is NOT correct!

Emails can indeed be used as evidence, and once verified they can prove not only intent, but also evidence of a contractual obligation. Verification is critical, but a crafty attorney can get over that and the "hearsay hump".

Here's an example: http://www.forbes.com/sites/oliverherzfeld/2013/12/09/are-your-emails-enforceable-contracts/

And this: http://smallbusiness.jdsupra.com/post/think-that-email-isnt-a-contract-think-again

10 years ago they probably wouldn't be considered. But today? Yup, they can become critical pieces of the pie.

Here endeth the lesson.