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Small Claims Court for Bad Faith?

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Limozine

Junior Member
What is the name of your state (only U.S. law)? South Carolina

Here is the short version of my story: I was laid off from a part-time job in August. I wasn't behind on any payments (mortgage or otherwise), but wanted to be proactive to protect my good credit. I contacted my mortgage company, a large, well-known corporation. All I wanted was to see if they had some simple program like deferred payment, etc. for such situations. I figured I'd have a new job within a few months and only wanted to know about short term assistance. They sent me through an extensive application process that drug on for four months. At first I was ok with it, but as it progressed I began to realize that they had no intentions of approving anything. For example, they wanted a separate complete P/L statement for $30 of income that I had reported on my prior year's taxes (yes, $30 - not $300, not $3000, but $30). I'd had already invested so much time in complying, and was assured by the rep that it was a formality, that I sent in the P/L statement. Then it was denied because it wasn't "signed." I signed it and sent it back. Then they wanted proof of part time employment (I was working 3 or 4 hours a week to make ends meet while job hunting). I submitted an official pay stub. They denied it and wanted a formal letter from HR. Even though the part time job only amounted to 3 or 4 hours per week, HR was gracious enough to comply. The signed letter from HR was denied because it did not specifically state how many total hours I had worked YTD (that was on the pay stub). Seeing a pattern here? When they got down to the point where there was nothing left to nit pick, they denied my application outright for "failure to submit the required documents."

It is clear to me, and I think to any reasonable person, that they never had any intentions of helping me. Why, you ask, did they bother? My guess is that they were required to pretend to show concern under one of the new mortgage assistance laws.

My question: I feel that they never negotiated in good faith. Is there a reasonable chance of winning damages for my loss of time/income in small claims court?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? South Carolina

Here is the short version of my story: I was laid off from a part-time job in August. I wasn't behind on any payments (mortgage or otherwise), but wanted to be proactive to protect my good credit. I contacted my mortgage company, a large, well-known corporation. All I wanted was to see if they had some simple program like deferred payment, etc. for such situations. I figured I'd have a new job within a few months and only wanted to know about short term assistance. They sent me through an extensive application process that drug on for four months. At first I was ok with it, but as it progressed I began to realize that they had no intentions of approving anything. For example, they wanted a separate complete P/L statement for $30 of income that I had reported on my prior year's taxes (yes, $30 - not $300, not $3000, but $30). I'd had already invested so much time in complying, and was assured by the rep that it was a formality, that I sent in the P/L statement. Then it was denied because it wasn't "signed." I signed it and sent it back. Then they wanted proof of part time employment (I was working 3 or 4 hours a week to make ends meet while job hunting). I submitted an official pay stub. They denied it and wanted a formal letter from HR. Even though the part time job only amounted to 3 or 4 hours per week, HR was gracious enough to comply. The signed letter from HR was denied because it did not specifically state how many total hours I had worked YTD (that was on the pay stub). Seeing a pattern here? When they got down to the point where there was nothing left to nit pick, they denied my application outright for "failure to submit the required documents."

It is clear to me, and I think to any reasonable person, that they never had any intentions of helping me. Why, you ask, did they bother? My guess is that they were required to pretend to show concern under one of the new mortgage assistance laws.

My question: I feel that they never negotiated in good faith. Is there a reasonable chance of winning damages for my loss of time/income in small claims court?
No, there is no reasonable chance of winning damages for the time and income you lost while you were looking for help with your mortgage. Sorry.
 

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