Q: Am I entitled to be reimbursed for time and expense spent proving that a foreclosure action was totally unwarranted?
All monthly mortgage payments were made on time to a large financial company. However, the company mistakenly showed several defaults and sent a foreclosure notice. The company required me to obtain and fax to them copies of 12 months of cancelled checks together with a letter before it would take any further action to research the account. Weeks later the company acknowledged its records were incorrect and that no defaults had occurred ... but refused to pay my invoice (3 hours $150/hr) for my time and expense spent correcting its errors. As a matter of principal, I'd like to hold the company accountable. Can this be pursued in Small Claims Court? Thanks very much, J M
A: Probably not. Many mortgage notes provide for attorney fees, but unless you are an attorney you don't qualify. How do you figure your time is worth $150/ hour?
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