Question

In November 2005, Ms. Williamson obtained a loan in the amount of $750,000 from Investors Savings and Loan secured by her personal residence. The remaining principal amount of $476.171.49 became due and payable on November 1, 2015.

Williamson missed three payments on August, September, and October 2015 and did not pay off the loan when it came due. Commencing in June 2016, Investors Savings and Loan began foreclosure proceedings. On July 19, 2016, a notice of default and 90-day notice of foreclosure were served on Williamson.

In August 2016, Williamson applied to a branch of Investors Savings and Loan for a loan to refinance the loan. The loan application was sent to the loan department of Investors Savings and Loan on September 13, 2016. The loan application was rejected. Over the course of the next two months, Williamson attempted to allay the credit concerns, which had led to the rejection of her loan application.

On November 7, 2016, a 30-day notice of sale under foreclosure was recorded scheduling a sale of the property for December 7, 2016; the notice indicated $476.171.49 was still due on the loan, plus unpaid loan payments, accrued interest and late fees. On December 6, 2016, Williamson's loan application was approved subject to a confirming appraisal.

On December 2, 2016, Williamson was informed that she was required by federal regulations to post a $2,400 deposit for the bank appraisal. Instead of posting the appraisal deposit, which she believed was excessive, Williamson had already obtained her own appraisal of the property. Williamson's appraiser valued the property at between $650,000 and $700,000. This appraisal was submitted to Investors Savings and Loan on December 4, 2016.

Williamson was informed that her appraisal did not comply with federal regulations and, again, she was required to deposit $2,400 for a bank appraisal. Williamson requested the amount necessary to pay off the loan and was informed the amount owing was $215,451.02. Williamson believed this amount was excessive. Williamson asked for the amount to be provided to her in writing; an unnamed Investors Savings and Loan employee told Williamson she would do this and told Williamson not to worry about the foreclosure sale. Williamson neither deposited the $2,400 appraisal sum nor paid off the loan.

After confirming that neither amount had been received, Investors Savings and Loan authorized the foreclosure sale to go forward. Ms. Jordan, a speculator, bought the property at the foreclosure sale for $476.171.49, the principal balance of the debt. She was the sole bidder.

Williamson learned of the sale later that same day. Williamson obtained a cashier's check for the amount of the debt $476.171.49 and sent the check to the bank.

All the while, Williamson had available cash deposits at the Investors Savings and Loan of $600,000. She thought Investors Savings and Loan could deduct the loan payments from her other accounts, but Investors Savings and Loan did not do so even though she called them on the phone in December and said it would be OK with her. The cashiers check was returned to Williamson.

Q. Provide 3 reasons why Investor Savings and Loan declined to deduct the money Williamson owed from her other accounts when she called them on the phone in December and said it would be OK with her?

Answer 1

Ans :

There are many anamolies conducted on the part of Ms. Williamson and the Investors Savings and Loan HAS EVERY right in law to reject to her offer . To name a few ,

i) She was repeatedly asked by the bank to deposit $ 2400 for bank appraisal which was as per federal regulations , which she failed to do .Even when she was informed that her appraisal did not comply with federal norms , she didn’t care to deposit the money.

ii) The bank cannot deduct loan balance from her other accounts just by a mere telephonic conversation, otherwise they will be entangled in law suit in future . This confirmation should at least be in writing to the bank .

Her 3 installmemnts was missed in August, September, and October 2015 and late payment was overdue . Her account is already Blacklisted , the bank has already served foreclosure notice in July 19 , 2016. In this case , Ms. Williamson was given notice on every occasion and she was careless on each step.