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Anyone know how to get a promised refund from a mortgage broker?

Profile picture for helaurin

I was offered a NO-COST refinance by Seckel's loan officer. I quote from their email to me: "At the end of the application, it will prompt you for payment of the 444.00, which is for your appraisal. This gets refunded back to you at closing should you choose to go with the 4.875% NO COST option."

I asked what documentation was required to take the loan from application through closing and provided that within four days.

After that, the nightmare began as the loan company questioned everything and asked for all kinds of other documentation that had not been disclosed prior to my application. As a result, it took us about 48 days to close.

I noticed that the HUD statement did not have the promised refund and questioned that, but was told that it had to be refunded through my credit card after the 3-day right of rescission passed from the loan closing date. Fine.

Weeks later, still no refund. I asked the loan officer, who first questioned whether I was sure I hadn't gotten the refund (yes, I was sure) and then promised (several times) to look into it. He finally sent me an email 63 days after we settled the loan stating that because it had taken more than 30 days from the date I applied to the date the loan closed, they were not going to honor their promise of a refund - and he apologized because he was unaware that his company had that policy. Excuse me? Seckel's rep doesn't know the company policy so I get shafted out of $444?

There was no mention of a 30-day time limit on the refund when they took my money. This was, by far, the worst mortgage application process I have ever gone through, and I have had other mortgages and refinanced before - and I have actually refinanced again since, and that went without a hitch.

How do I get my promised refund back? The credit card company doesn't seem to understand what I am talking about and Seckel isn't responding.

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October 06 2011 - US
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Answers (7)

Profile picture for shapiroamg
That's great. you will never get your refund but by refinancing you may have screwed Seckel many more times that $444. Sleep well knowing that. 
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October 07 2011
Profile picture for helaurin
The HUD line reads P.O.C (B) with a notation on the bottom of the page that P.O.C. is Paid Outside of Closing by Borrower. Which would make sense, as I had paid for the appraisal at the time I applied for the loan via credit card. 

As far as number of payments, I made three payments before I was able to close on a new refi.
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October 07 2011
If your settlement sheet shows you being charged for the appraisal then they owe you the refund. If your settlement sheet shows the appraisal as POC (Paid Out of Closing) then they don't owe you a refund (they simply were not very good at explaining it).

Even on a  "no cost: loan the charges have to be itemized.





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October 07 2011
Profile picture for Joe Cafiero
Good for you.  Chances are since you only made one or two payments, the lender that Seckel used is now asking for the premium back which is pretty sizeable since they paid for all your closing costs.
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October 06 2011
Profile picture for helaurin
I'm looking for the GFE. I know that I kept getting updated loan disclosure documents from their funder and Seckel's loan officer told me to ignore them, that they were not accurate.  So I am not sure if I actually ever received an accurate GFE or not.  I'll have to search my computer to find one.

As far as refinancing, I have already done so with another company - had not a single problem with them, start to finish it took 38 days and my rate is now 4% exactly and my monthly payment dropped another $110/month.

It's just hard to believe that there's no one that regulates the promises that mortgage companies makes to consumers.
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October 06 2011
Profile picture for Chris Corica
How did this fee appear on the GFE? The HUD must match the GFE at closing. If the credit was disclosed properly from the start, then getting your refund shouldn't be a problem. If you have an email or other documentation referencing this refund, I would speak with a supervisor and make them aware of what you have. If not resolved there I would let them know I will be contacting one of the regulating agencies. This should grab their attention and help resolve the problem quickly.
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October 06 2011
Profile picture for Joe Cafiero

I have feeling that you are going to be out of luck given what you have told us.  Best thing you can do is gie an appropriate review here on Zillow as I assume that is where you connected.  Also you may want to look at refinancing again.  I know that is the last thing you may want to do.  However given the fact that you would close so soon after this loan, Mr Seckel may be forced to pay back the premium that he received from the investor.  No sense in rewarding him if he trully went back on his word.

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October 06 2011
 

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