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Victim of mortgage company in NC

Discussion in 'Banking, Finance, Investments' started by ScotK, Jul 5, 2022.

  1. ScotK

    ScotK Law Topic Starter New Member

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    The company I applied with for a mortgage loan is an LLC with one member. This is on file with the secretary of state, however the company is not registered there as a loan broker. NC statutes require that loan brokers register with the SOS and also provide advertising to the SOS for approval before it is placed in any form including any online advertisement. Chapter 66 (article 20) does not allow a loan broker to collect upfront monies unless they are for reasonable and necessary fees payable to third parties for appraisal, property survey, title exam and credit reports. The company I applied for a loan required that I pay them $2000 upfront in order for them to issue a preapproval letter to me. I never closed on my home because they switched their terms on me. I applied for 100% of the purchase price and 100% of the rehab cost. 2 weeks after applying, and after getting under contract to buy a home and put down $5000 earnest money deposit, they offered me only 80% of the purchase price There is no lender in the country that loans 100% of the purchase price with 100% of the rehab cost. This company has been scamming people all over the country just like me off this fraudulent ad for 100% purchase price 100% rehab cost and they they taken in tens of thousands of dollars in upfront monies and people have lost their earnest money deposits also because they always switch their terms. There is a class action lawsuit on file right now about this company although I opted out of the class A because I thought a small claims action would be more expedient.

    At my small claims hearing, the judge rendered his judgement before I had taken evidence up to him.
    I cannot believe what happened to me. It was a long trip that required 2 planes to get to Raleigh. It was just me, the attorney for the defendant and the judge in the room. So the judge says to me that I didn't provide enough evidence...he tells me I can appeal in 10 days and then says I can pick up the papers on his desk. The attorney had placed the 2 loan approvals which the company had brokered my loan to right on the table in front of me. I didn't take these up to the judge though. The company has never made one single loan to an applicant for a fix and flip type real estate transaction using their own funds. They have a pool of funds for other loans, but these fix and flip type of loans are ALWAYS brokered out to lenders that specialize in making them. The two loan approvals that the attorney placed in front of me are from 2 outside lenders that they brokered my loan to. Thus this is HARD EVIDENCE that they act in the capacity of BROKERS... And they are NOT exempt from the loan broker law Article 20 of Chapter 66 and each of its provisions.

    My question here is do the 2 loan approvals issued by the 2 companies which received my loan application along with the attorney for the defendants sworn testimony that they have never made fix and flip loans using their own funds constitute enough evidence to prove they are subject to the loan broker act ? I should think it does but what do you legal experts say?

    These 2 loan approvals are not in the name of the company that I am suing. They clearly are not and they clearly are brokers. I appealed the judges decision and now I have to go back to the district court to see another judge. Chapter 66. I paid them $2000 upfront to get a preapproval letter that I could show to a seller to get under contract on a house.
     
    Last edited: Jul 5, 2022
  2. army judge

    army judge Super Moderator

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    I suggest you seek the counsel of three NC licensed attorneys.

    Once you've met with at least three attorneys, select the one you determine best qualified to represent your interests.

    The answers you seek are far too complicated for volunteers on a discussion site to resolve.
     
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  3. adjusterjack

    adjusterjack Super Moderator

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    Appeals are much more complicated than small claims lawsuits.

    Count on losing if you don't have your own attorney.
     
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  4. flyingron

    flyingron Well-Known Member

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    Your understanding of the law is going to bode even worse for you in district court. While it is easy to appeal, you aren't going to see "another judge" because you've not even seen a first one yet. The small claims are heard by magistrates who aren't even required to have legal training. They're on odd historical quirk of NC law.

    You'll find that the proper judges in district court have less leniency when it comes to people who don't know what they are doing. Some are downright hostile about it. You need a lawyer to pursue this.
     
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  5. Tax Counsel

    Tax Counsel Well-Known Member

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    NC is not the only state with courts like that. PA district court magistrates are elected officials who are not required to be lawyers, have a law degree, or any particular legal training. Upon taking office they are given "bench books" which gives them the basics. I think that particular approach is more common among the original 13 states (the former colonies), but I've not researched it to verify that.
     
  6. flyingron

    flyingron Well-Known Member

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    Wasn't claiming uniqueness, just that it was mired in history (yes, to the colonial era, but there was some fun and games with our legislature here post civil war that made it even more quirky).

    Texas Justices of the Peace are similar in this regard. While they were established in the state in 1823, they owe their roots back into the 16th century English Law.
     
  7. army judge

    army judge Super Moderator

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    JPs are county small claims court jurists in Texas.

    You only need to be a registered voter in order to seek that office.

    Cities operate municipal courts. Some cities require the jurist to hold a law degree, while smaller municipalities have no such requirement.

    Texas wasn't among the founding thirteen states.

    It has been years since I was motivated to research the issue, and as I recall 13 states (at the time) had active JP systems.

    You might find these sites informative:

    JPs By State

    Justice of the peace - Wikipedia

    ...
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Scott, I deleted your other thread because it was a rehash of what you posted here.

    Please keep ALL of your discussion about this "broker" to THIS thread and avoid opening duplicates. Thank you.
     
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  9. ScotK

    ScotK Law Topic Starter New Member

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    Well, I guess I just want to say that so far all I see here from you people is a bunch of useless drivel and no legal advice. Can;t you do better than that? I came here to hear what you experts with law degrees say. And all you seem to say is "get an attorney". I have no interest in hiring an attorney and I don't have the money to hire one.My case will be Pro Per. Ok?

    So who are you FlyingRon? Are you just on this forum to get some kicks sneering at people like me who have real legal issues and you don't want to provide and legal help? All you can say is get an attorney.. You sure aren't helpful..

    And army judge, I really don't need your opinion on whether my legal isssues are too difficult to discuss here. That's just horseshit, and there may very well be attorney's in here with the knowledge to assist..If that is your view, please stay out of the thread and allow others to respond. And I will appreciate it if you delete your postings.

    I'd like to get a good hearty discussion on the laws of evidence here so I can win my case at District court.


    Scot
    Certified Public Accountant
    Age: 60
     
    Last edited by a moderator: Jul 15, 2022
  10. Zigner

    Zigner Well-Known Member

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    You DO understand that even any smart attorney would NOT represent himself in court, right?
    ...fool for a client and all that good stuff.

    EDIT: Or HERself, of course :)
     
  11. army judge

    army judge Super Moderator

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    Your choices are yours alone to make.

    As an attorney, I can't dispense legal advice to a person NOT my client.

    This is simply an internet discussion site.

    We discuss legal principles and laws.

    We can't dispense legal advice any more than a medical discussion site could prescribe medication or diagnose medical ailments.

    Good luck as you pursue your justice.
     
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  12. army judge

    army judge Super Moderator

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    You get one free insult today.

    If you sling another, you'll be summarily banned.



    You don't get to decide what gets deleted.

    However, I am one of several people here that can delete posts and/or posters.
     
  13. ScotK

    ScotK Law Topic Starter New Member

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    I don't get it. That I need to be your client for you to dispense legal advice? Didn't you ever hear of something called a free consultation? Are people receiving free consultations client's of the attorney's providing the free consultation? Of course not. So what is the difference here in a forum like this? Why can't you be helpful with your free consultations right here?
     
  14. justblue

    justblue Well-Known Member

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    Did you bother to read the notice on the bottom of every page?


     
  15. Tax Counsel

    Tax Counsel Well-Known Member

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    An attorney at least needs to be licensed in that state to give legal advice. So far as I know, no one here is an attorney in NC and as a result no one here could give you legal advice. That would violate NC law to do so.

    What you get with a free consultation is generally pretty limited for a variety of reasons that I won't get into here. And to provide legal advice over the internet to someone the lawyer does not know invites a lot of potential problems for the lawyer.

    I'll provide general legal information in forums like this one. But if you wanted personal legal advice from me, you'd need to be a resident of my state, meet me in person, and sign the fee agreement.

    In short, what may be provided in online forums like this one in terms of legal advice is pretty limited due to the rules that govern the practice of law. General legal information can be provided and that can be useful to people, but it's not a substitute for actual legal advice.


    One other final thing to consider. Most of the people who respond on these forums are NOT lawyers. They may or may not know what they are talking about. So rely on responses on any online forum at your own peril.
     
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  16. adjusterjack

    adjusterjack Super Moderator

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    You've got the wrong idea of what a free consultation is.

    It's like this.

    Atty: Hello Scott, what's your case about?
    Scott: I lost a lawsuit and I want to appeal. Here are the details.
    Atty: I can handle that for you. I charge $300 per hour plus expenses and I'll need a $2,000 retainer.
    Scott: Wait. I want to handle this myself. I thought you could give me the forms and tell me what evidence I need and how to present it. Isn't that what a free consultation is?
    Atty: No, Scott, I have to make a living. I have mortgage payments, car payments, a family to support, kids to send to college. I have to get paid for the work I do.

    Now, Scott, what do you think a free consultation is?

    PS. I edited out your last name. It's not a good idea to identify yourself on the internet.

    By the way, do you do tax returns for free?
     
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  17. flyingron

    flyingron Well-Known Member

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    At least I live in NC and have been in a court here (yes, I'm neither a lawyer nor a cat). I told you what you are up against. The Magistrate who heard your small claims isn't a lawyer either. The scary thing is these guys also do things that OUGHT to require some legal experience like rubber stamping search warrants for the local sheriff, etc... Otherwise, their major job is issue unsecured bail to most offenders and occasionally getting to perform marriages.

    The judges, where you appeal to, on the other hand do have legal training and you can bet the bank will have a lawyer there as well. You're going to have to present a cogent case that this proper for the district court. Complaining the magistrate done you wrong won't do it.
     

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