The Law Office of J. Patrick Sutton

Another tack by lenders to avoid Section 50 liability: pretend the modification never happened!

I've gotten a spate of phone calls from borrowers who entered into agreements to modify their Texas home equity loans but have recently been told by their lenders that either (1) the modification was never completed, or (2) the lender is simply canceling the modification. In every case, the borrower made payments under the modification agreement, and the lender accepted the payments. In some cases, the modification agreements were without doubt formally executed by both parties. I take this as a sign that the lenders are now trying to cut down the sizes of the classes in the cases we've brought by declaring that many modifications never happened. Good luck with that.
The Law Office of J. Patrick Sutton