Real Estate attorney

Posted yesterday

Only freelancers located in the U.S. may apply.U.S. located freelancers only

Summary

California Real Estate Attorney Needed to Review Lender Demand Letter I am seeking a California-licensed attorney to review and revise a demand letter concerning a last-minute change to the financing terms for an investment-property purchase. Background I am the buyer of a California investment property. The lender originally approved the transaction using: A property value of approximately $2 million An 80% loan-to-value ratio An anticipated loan amount of approximately $1.6 million Following a second-level review, the lender reduced the approved property value from $2 million to $1.9 million. I was prepared to proceed with an 80% LTV loan based on the revised value, which would result in a loan amount of approximately $1.52 million. The loan officer repeatedly represented that the financing structure would work, and I was informed that a third-party reviewer had cleared the loan. I relied on these representations and incurred thousands of dollars in appraisal, inspection, and other transaction-related expenses. On or near the scheduled closing date, the lender unexpectedly stated that it would only provide financing at a 70% LTV, reducing the proposed loan amount to approximately $1.33 million. This created an unexpected funding gap of approximately $190,000 compared with the 80% LTV loan based on the revised value. The lender has not yet provided a meaningful explanation for the reduction. Scope of Work I have drafted a demand letter to the lender. I need an attorney to: Review the demand letter for accuracy, effectiveness, and appropriate legal language. Revise the letter as necessary to protect my rights and avoid unsupported or counterproductive statements. Review the relevant lender documents and communications. Assess whether the facts potentially support claims such as breach of contract, promissory estoppel, negligent misrepresentation, intentional misrepresentation, concealment, or claims against the mortgage broker or loan officer. Advise whether the conduct could reasonably be characterized as a bait-and-switch or whether different terminology should be used. Identify the appropriate lender, broker, compliance department, or other parties to receive the letter. Recommend any immediate steps necessary to preserve evidence and protect my rights. Advise whether complaints to the California Department of Financial Protection and Innovation, California Department of Real Estate, NMLS, or another regulator may be appropriate. Documents Available for Review I can provide relevant documents, including: Loan approval or preapproval documents Documents reflecting the 80% LTV terms Documents concerning the reduction in value from $2 million to $1.9 million Emails and text messages with the loan officer Communications regarding third-party loan clearance Communications reducing the LTV to 70% Appraisal, inspection, and transaction-expense records The current draft demand letter Sensitive personal and financial information will be redacted where appropriate. Attorney Qualifications The ideal attorney should: Be currently licensed and in good standing with the State Bar of California Have experience with lender-liability disputes Have experience with commercial or investment-property financing Understand mortgage-broker and loan-originator liability Have experience reviewing loan commitments, conditional approvals, and underwriting communications Be available for a prompt, limited-scope document review Be willing to provide revisions and practical next-step recommendations in writing Experience representing borrowers in disputes involving last-minute loan changes, failed closings, loan commitments, lender misrepresentations, or reliance damages is strongly preferred. Deliverables The requested deliverables are: A reviewed and revised demand letter Brief written comments identifying the strengths and weaknesses of my position Identification of any additional documents or evidence that should be preserved Recommendations regarding the appropriate recipients and delivery method An estimate of possible next steps if the lender refuses to resolve the matter Please include in your proposal: Your California Bar number Your relevant lender-liability or real-estate finance experience Whether you represent borrowers in disputes against lenders and mortgage brokers Your proposed fixed fee or hourly rate Your availability to complete the review promptly Any conflicts-check information you need before reviewing the documents This posting is initially for a limited-scope document review and revision. Depending on the attorney’s assessment and the lender’s response, there may be an opportunity for additional representation.

  • Less than 30 hrs/week
    Hourly
  • < 1 month
    Duration
  • Entry level
    Experience Level
  • Remote Job
  • One-time project
    Project Type
Skills and Expertise
Mandatory skills
Real Estate
Real Estate Law
Activity on this job
  • Proposals:Less than 5
  • Interviewing:
    0
  • Invites sent:
    2
  • Unanswered invites:
    2
About the client
Member since Mar 16, 2023
  • United States
    Diamond Bar3:35 PM
  • $6.1K total spent
    25 hires, 4 active
  • 1 hour
  • Real Estate
    Small company (2-9 people)

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