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Dishonest tactic by the lender ...

Profile picture for genesmasher
Contributions: 14
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Since October 2009

We are in the process of refinancing our mortgage. House LTV is ~64%, even after the (lender-sponsored) appraisal came in 120K below our expectations. Our broker locked the rate with this lender about a month ago (528K, value 830K, 15y fixed, 4.25% with 0pts). Got confirmation. Lock was only 21 days, but we managed to finish everything on time, signed the docs four days before the lock expired, and wired our portion of closing costs to escrow two days before the lock expired.
On the morning of the lock expiration our broker unsuccessfully tried to contact the lender by phone and e-mail many times, to make sure that everything is OK, and they fund on time. The lender finally phoned back 15 MINUTES ( no kidding !) AFTER the funding deadline (11am) and stated that there are additional conditions. So called "conditions" were bank statements from 6 months ago, showing a transfer of funds between two savings accounts, which had absolutely no implications on our ability to fund, or anything else. Presumably, the lender needed to confirm that the funds that were wired to escrow are legitimate (??). We are fully employed with >$280K annual income, perfect credit and plenty of liquid funds. Fine, we supplied the statements they asked for within a couple of hours on the same day - lock still valid, but past funding deadline for that day. The next day lender says "it is too late to fund, the rate lock expired". Our funds are still sitting in escrow, the options we are presented with are "relock and close at a higher rate" or "wait and see if market improves" (yeah, right). It is very obvious to us (and our broker) that the lender came up with the late conditions with the sole purpose of not wanting to fund, because they no longer considered the loan "profitable enough". Obviously, now the rates increased by 0.25 or worse, and we can not re-lock at the old rate with anyone. Is there any recourse for us ? Thanks
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October 25 - San Diego
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Profile picture for Kathy McKinney
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Since November 2009

On a refinance, you would have the three day right of recission as one of the other posts says.  After signing all of the documents, you would then take the Three Day Right of Recission document and tell the closing agent you want to recind (cancel) the loan.  The broker must refund all costs you have paid.  The broker might or might not have known the lender had done this before, but now they do and will think twice before they put a consumer in the situation they did with you.  

As others have said also, the lowest rate game sometimes brings out the sharks who are looking to bait and switch consumers.  The better choice is to give your business to a referred source.  Someone who did a good job for you before or a recommendation from a friend of relative of someone good they used.   

Because it sounds like this lender is known in your state to take advantage of consumers, it would be a good idea to detail your bad experience to the Department of Banking or Banking Regulatory Agency in your state who allows them to conduct business.  Describe your issues and also provide a copy of your experience to the Attorney General.  If the state officials are advised by multiple consumers of bad business practices hopefully they will lose their license to do business in your state.

These kind of scum give legitimate hardworking mortgage professionals a bad name and should be shut down.

Kathy McKinney
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October 26
Profile picture for 203K Specialist
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Since January 2009

No nerve here.

My objective is to help consumers.  I wished the OP the best of luck getting this straightened out...I have nothing to apologize to him for.  Nor do I have anything to apologize to you for.  I think I may have hit a nerve.!



Write whatever you want in response..I am done with this thread!
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October 26
Profile picture for Oklahoma Lender
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The majority of your assuming comments on this thread have been smug and arrogant. 

"You really need to lighten up!"
why, did I hit a nerve? Did I hurt your feelwings?  I know your objective is to get the final word in, as you do on most threads.  A simple apology to the customer and to me for your pompass accusations will suffice.  Man up, Andrew. This childish banter you want to dish out is getting old. 

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October 26
Profile picture for 203K Specialist
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Since January 2009

Christopher,

That comment was not smug or arrogant or directed at lecturing you.  It was a statement that any LO in the business today knows things go sideways...I am sure you can attest to that...You really need to lighten up!  None of us are brain surgeons!

 
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October 26
Problem is, where is a guarantee that the broker with the HIGHEST rate will be less sleazy than the one with the lowest.

Speaking as someone who used to be high/sleazy; your point is well made. I made a lot in the 90s and early 2000s on high rates. The kicker was; even then I wouldn't do any bait and switch. I would simply target people with bad credit, 400 scores and between rate and YSP made 6 points in each loan; all FHA (I didn't then or now like subprime). My initial GFE matched what they got at closing.

Now I go for cheapest., or almost, I now target only (mostly) 700+ scores. I've already made my load of money, I'm too old now to deal with the crap; so I charge as little as I comfortably can and get great clients and none of the underwriting battles I used to have with the garbage.

I'm sure I have a point here somewhere; probably that cheapest isn't always going to be bait and switch or a customer service nightmare; which answers that there is no sure-fire way to test a broker.
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October 26
Profile picture for genesmasher
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Since October 2009

Christopher , THANK YOU !

I am really tired of hearing "customer should look beyond the rate, pick the right broker, learn the lesson, blah blah blah" - obvious stuff, that is very easy for a professional in the field to proclaim in hindsight. Andrew, really, you have made your point, don't have to do it again and again.

Problem is, where is a guarantee that the broker with the HIGHEST rate will be less sleazy than the one with the lowest ?  If there is a sure-fire way to quickly test broker's honesty and professionalism, I (and every other consumer) would like to hear it.  It is a shot in the dark for most people. They may not have time or inclination to read through pages of mortgage-specific blogs, to piece together a realistic portrait of someone, before they agree to do business with them. They don't even know where to look for these blogs. Still, it is probably not wise to start up with an assumption that every consumer is a dumb sucker and gets what they ask for (what, we should not be looking for the low rate ?).

Just for the record - I thought I asked all the right questions before I decided to go with this broker, and subsequently got what I thought were timely and intelligent answers for every one of them. What other research would you expect a consumer to do to make sure their broker is solid ? Run HIS credit report ?

>>   Xxx,

Thanks for the quick reply. Couple of questions. Is 21 day lock going to be sufficient to close ? What happens (to the rate) if we dont close within this timeframe ? Is there a mechanism to extend the lock until closing date ? Your fees seem reasonable. No impounds- thank you; no prepayment penalty, I assume as well ? Finally, this is a respectable lender ? I have no problem locking this today, and FAXing you anything you need for the application, if I get my answers. Thanks

>>

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October 26
Profile picture for paulklenk
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Since October 2009

Does CA have a 3-day rescision policy for refi's?

WA state does.  Then the recourse is to walk-away.  Of course that means starting over, rates may not be as good.  But the experience might feel better.

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October 26
Profile picture for Courtesy Mortgage
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Haven't had a chance to read this in full yet...but in reading only the original post....I just knew I would see the words Provident in this thread.

I think lender/broker/customer all contributed to this mess. 

Provident is known to make up conditions when the market shifts and they couldn't care less if the loan closes, they care only about their profit and nothing else.  I agree they should be out of business, but as long as brokers are willing to put up with their BS, they will stay in business.

Broker definitely knew what they were dealing with in Provident and should have warned consumer that this scenario was a possibility.  If it wasn't bank statements, they might have decided instead to condition for the grass to be mowed or some other such nonsense.  There are so many known stories in the industry about how they operate.

Consumer is least at fault, but the lesson learned is that if you shop only for rate and pick the cheapest out of all quotes, you have the risk of being declined.  I bet Gregorio quoted genesmahser this time and genesmahser picked what he felt was a better offer.   Genesmasher doesn't deserve a decline, but I'm sure he won't make this mistake again.

As Andrew said, hopefully other consumer can learn from this.

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October 26
Profile picture for Oklahoma Lender
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Andrew,

You have to stop throwing around smug and arrogant assumtions.  This is a serious business and if you can't handle the serious responses, don't comment.  I am sure it makes you feel better to try and lecture me on "What I should and shouldnt know as an LO".  This has zero bearing on the conversation. It sounds like you have had some troubled times keeping originations and closing loans.  I hope this gets better for you, but your bitterness is starting to show through.

The fact is we ALL look for the best deal and expect sound advice from professionals.  This customer did what he was supposed to do all the way to closing (or lack of) and is now seeking further advice.  It is not his fault the loan officer was not able to deliver.

Genesmasher, I apologize you had to bear witness to Andrew and to the distasteful side of ZMM advice section. 
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October 26
Profile picture for CA UMB
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Since January 2009

Genesmaster,

Like Greg, I have read this thread in it's entirety.

First: DO NOT CANCEL ANYTHING.

1 Go with the new rate
2. Fulfill all conditions
3. Sign the new Docs
4. If this is Owner Occupied you have 3 business days to resind after signing
5. Should you decide to recind you receive all monies back with no hassle
6. Should you seek punitive measures consult a Real Estate Attorney

The problem I see here is poor communication between your broker and you

The "right" questions were not asked regarding the handling of your funds.

All loans go through a final pre-funding audit. There wasn't enough time on your lock and your broker should have known that.

Also, IMHO your loan was not structured and documented properly.

Rate is not as important as you have learned from this thread, than choosing the "right" broker.

I hope you report back to us what direction you chose do take and the result. .... Best wishes, Rudi
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October 26
Profile picture for Greg Darlin
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Andrew,

Good point.  Saying that, I believe it is the duty of the LO/broker to be honest and set realistic expectations for the borrower.  From everything I have read this wasn't done.

The borrower has to take some responsibility too especially if he was in communication with other lenders.  Very doubtful that other lenders were saying the same thing: 21 days from the inception of the lock-----especially with Provident Funding.

Had genesmasher gone back to Gregorio Denny this simply wouldn't have happened to him.  Gregorio is much more responisble, fully discloses and would never set a borrower up for failure with unrealistic expectations.

Hopefully, this thread, if read by the general public, will teach them there is much more to a lender/brokr than just a rate.
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October 26
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Since January 2009

I can't wait until Google picks up this thread and I will forever be attached to "Dishonest tactic by lender". 

Ha, ohh well, and one more time for the record, I am not the one that did this transaction!

And now!

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October 26
Profile picture for 203K Specialist
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Christopher,

You have to stop taking yourself so serious!

I honestly feel the OP opted for the lowest rate and fee combination.

Being in this business how often do you have a client tell you that they got a better offer from another lender...you know how thin a deal can be priced and at some point it becomes unrealistic...If this deal went perfectly the LO would have been able to deliver...the truth is that very few deals go perfectly and as an LO you should know this... and plan for the unexpected...I don't know how anyone can promise a 21 day close when a 3rd party is underwriting the loan, heck I wouldn't make that promise and I can stand at my underwriters cube until they underwrite it!

I think this thread is a great example to consumers to highlight thhe fact that you need to focus on more than rate...The lender's ability to close at the promised rate is as important.  With out closing the loan you have nothing....He could have been quoted a 2% rate and he would be in the exact place he is now!

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October 26
Profile picture for Oklahoma Lender
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"why he did not go back to the quality broker who had helped him in the past though?" 

Exactly what I was thinking as this did not sound like Greg.

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October 26
Profile picture for Oklahoma Lender
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hey Andrew, GFY.

I am appalled you would suggest I have a hidden agenda.  I think very highly of Gregorio.  He is an honest and reputable lender here on Zillow. BTW, quit attacking this guy and accusing him of being at fault.  We work in this industry and he does not.  I think you know where you can shove your $10.
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October 26
Profile picture for 203K Specialist
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You could have at least given Chris a chance to take my bet.....I could have used the $10.

Just kidding Christopher...

Wish you the best of luck with getting it straigtened out...I still think the loan officer over promised and under delivered...unless the loan closes at 4.25%.
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October 26
Profile picture for genesmasher
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The broker is NOT Gregorio Denny. I have worked with Gregorio before. I decide not to go with him this time for personal reasons which I would rather not get into here.  Gregorio is indeed a very professional and honest broker (may be with a bit of a short fuse :)) and surely deserves the rating he has.  Seriously, guys, there is still hope in my case - we are trying to resolve the situation together amicably, so hold your judgment. I do appreciate all feedback, it was very helpful.
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October 26
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I remember Rich stating he would rather have a root canal with no anesthesia than to send them another loan, lol.
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October 26
Profile picture for ColoradoLender
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No the broker in question is not the one he reviewed in the past.  Does beg the obvious question as to why he did not go back to the quality broker who had helped him in the past though?  
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October 26
Profile picture for 203K Specialist
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Christopher,

I am willing to go out on a limb and say you have a hidden agenda.  I just looked and I would be willing to bet your next comission check that the Lender in question is not Gregorio Denny....He is way too good a loan officer to over promise a 21 day close with PF!
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October 26
Profile picture for Oklahoma Lender
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Since August 2009

Genesmasher,

Can you provide a link to your loan request?  Is the lender in question the one you provided a review for last year?

Sorry this happened, after reading this entire thread it appears that the blame is on the Broker. 
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October 26
Profile picture for Bob Lowery
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No, I haven't.
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October 26
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Bob, you have never dealt with PF?
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October 26
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Okay, so let me get this clear.... You guys have or know of lenders that will close loans and will add conditions after the paperwork is signed?  I thought this practiced died years ago.

How can they not fund a loan when the recission period is for the borrower, not the lender to decide whether they want to fund the loan.

I guess I am in the minority here, but we would never add conditions after a customers signes and/or not fund a loan on time.
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October 26
Profile picture for genesmasher
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Since October 2009

Well, I always like to give people benefit of the doubt (yes, sometimes at my own expense). An honorable person that simply made an honest mistake will make sure that things are fixed. If not, well, then the wrath is justified. I will know soon enough. Sorry for the soap opera :)
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October 26
Profile picture for Greg Darlin
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genesmasher,

You are quite welcome.  Everyone else posted good info if not better than mine.

The only time a broker should lock a borrower for 21 days is if the file were already at the lender with the appraisal and title work.  Anything else is very risky.  If you were dealing with a bank that had in-house underwriting, then maybe------but a prudent broker will still do 30 days, unless it is a purchase and a rush can be put on the file.  In otherwords, all parties to the transaction have given a green light to the time period.

Don't hold your breath on the broker paying you back any fees.  It sounds like he legally disclosed to you and you accepted.  Unless he is treasures his or her status moreso on Zillow than paying you back then I doubt it will happen.

A lesson learned.  Don't go for just the rate.  Most would rather pay an 1/8 higher and have peace of mind.  And, don't let this discourage you or taint your view about lendes here.  There are some top professionals who are on this site.

Good luck and I hope everything turns out well for you.
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October 26
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The lender deserves a negative review!  Even if you get your money back...They never should have set you up to fail!
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October 26
Profile picture for genesmasher
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Since October 2009

Greg

Thank you for constructive and objective comments. I am currently in the process of canceling the escrow, and expect the broker to cover all fees associated with this. If it doesn't happen, I will have to post his name and write up a negative review, in addition to trying to get my money back some other way.

I agree it is risky to lock for such a short time, but we did manage to do our part in time. I also specifically asked the broker what the mechanism to extend the lock would be, if there were not enough time. He never mentioned it wasn't possible, only that there would be a 0.125 fee. I agree, the conditions imposed by Provident were insane, and if we knew them as well as all of you guys, we would absolutely avoid them.
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October 26
Profile picture for Greg Darlin
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genesmasher:

I have read this entire thread and have only a few comments:

1.  No broker should lock any borrower for only 21 days no matter how great the rate looks.  It simply isn't fair to the borrower.  21 days for a refinance is only 21 calender days minus 3 business days for primary residences.

2.  The broker should have explained that the lender, Provident Funding, will not bend at all.  They are extremely tough in underwriting.  Again, 21 days, minus 3, isn't enough time in this enviroment.

3.  Provident Funding has zero rate lock renegotiation policy at all.  If rates went down they simply will not grant the new rate no matter what the cost is to you.

I don't understand why in the world an underwriter would ever ask for bank statements from 6 months ago.  That is insane.

So, what is a great rate when you can't settle on it?  Go back to your broker and ask why he or she would ever attempt to lock you in with PF for only 21 days.  Shortest lock period in this enviroment should be 30 days and that is pushing it for a refinance because of HVCC, Hera, title etc.  Delays are a part of the business today.

I am curious to know who the lender is.  Can you tell us?
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October 26
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Since September 2009

Does it seem reasonable, that the lender requres a paper trail on a six-month old transaction before funding?

No it does not. We stopped working with PF years ago for many more resons that I would bother to write. Why on earth did your loan officer submit statements that were that old? Makes no sensec.
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