Escrow Question - CA

[Whadamess]

I am a closing agent and ran into a problem I haven't hit before.

Closed a short-sale and sent the bank $4240 too much. The commissions were originally limited to 4%, but the bank sent an updated approval allowing 5%. When I closed the file, I was a moron and was looking at the old approval (because the other amounts were identical).

Long story short, the bank is refusing to return the extra money to me and I need to know if I would have a leg to stand on in court.

Second question is WHERE would I file the small claims action. The bank is based in Texas but the property was here in CA, so would they be subject to CALIFORNIA laws (i.e: CA Superior Court)?

Any comments are appreciated

 

[divgradcurl]

Long story short, the bank is refusing to return the extra money to me and I need to know if I would have a leg to stand on in court.

Presumably, if you can document everything.

Second question is WHERE would I file the small claims action. The bank is based in Texas but the property was here in CA, so would they be subject to CALIFORNIA laws (i.e: CA Superior Court)?

If the bank is doing business in California, then it is subject to jurisdiction in California. The tricky part is service, because the California statutes do not allow someone to serve a small-claims complaint on an out-of-state defendant. You may need to do some research to find out if the bank is licensed to do business in California, or otherwise has an agent for service in California.

 

[Whadamess]

You may need to do some research to find out if the bank is licensed to do business in California, or otherwise has an agent for service in California.

I have searched the California Secretary of State / Corporate Business Name search for Wachovia Mortgage in California and it DOES give an agent in Sacramento as agent for process.

Does that mean that I can serve them a suit filed here in my county, or would the suit have ti happen up where the agent

 

[divgradcurl]

I have searched the California Secretary of State / Corporate Business Name search for Wachovia Mortgage in California and it DOES give an agent in Sacramento as agent for process.

Does that mean that I can serve them a suit filed here in my county, or would the suit have ti happen up where the agent

You should sue in the county in which the property is located ideally. If that's a hassle, sue where you are located.