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Want to change the lender because of bad experience.

Profile picture for Dan2k
I have a situration where I locked in my interest rate for my FHA loan with a lender but because of bad experience I do not want to go with them anymore. I came to know that my current lender have not pulled any FHA case number yet. Would that mean, my lock is not valid yet ? Lender is saying that I have to pay application transfer fee to change the lender. Do I owe transfer fee as the FHA case number has not yet been opened? If I go to some other lender and if they start my FHA loan process, would I get into any trouble? Please advice. I am frustrated with the current lender. Please advice what I can do.
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October 20 2009 - Minneapolis
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Answers (8)

Profile picture for MN Mortgage Mom

Dan2k, even if the current lender pulled the FHA case number and you decided to make a switch, they MUST release that case number to the new lender.  You have no worries with FHA or getting into any kind of trouble.  The lender, may however attempt to collect a lock-in fee or a cancellation fee.  Check the paperwork that you have signed.  If you signed a Mortgage Loan Origination Agreement (MLOA) or a lock in agreement, you may be on the hook for the fee.  You CANNOT get into trouble by starting the loan process with another lender.  You are free to use the lender of your choice.  But I would make sure to check what paperwork you have signed and if you may be obligated to pay any fees.

Thank you Joe and Greg!  :)

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October 21 2009
Profile picture for loansbycory
As far as your locked rate if you move lenders you lose your lock.  The lock is with your lender not FHA.  Rates have been pretty level the past 30 days so that should not be an issue.
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October 21 2009
Profile picture for charlesdailey
Be aware of this though, you are in Minnesota.  So you're lock in agreement is goverened by statute.  The statute is MS 47.206 (interest rate or discount point agreements).  If you google 47.206, it should come up first.  Be sure to review any contracts you've signed and cross check them against this statute.  Also, there is a code of conduct that MN loan officers must abide by.  Review Minnesota state statutes chapter 58 to see if you're "bad experience" is goverened by law.  Perhaps your lender has more to be concerned about than a fee.
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October 21 2009
Profile picture for PrimeSource Funding
You can switch lenders at any time. Even if they ordered an FHA case # and refuse to transfer. If you write a letter saying you do not want to use Lender A and you want to use Lender B, then Lender B can send that in directly to the FHA and have the case number reassigned. You would not have a fee to do this. Let me know if I can be of further assitance.
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October 21 2009
Profile picture for Greg Darlin

Joe,
Diddo on Sherri and the loss of a application fee if paid.

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October 20 2009
Profile picture for Joe Cafiero
If no case number has been assigned then there is nothing to transfer you are free to go with whom you want.  If you paid an application fee, you probably will not get that back.  I would suggest contacting Sherri Sherpy.  She is local and her link is to the right.
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October 20 2009
Profile picture for shapiroamg
switch away. if you paid for an appraisal you may have lost that fee.
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October 20 2009
Profile picture for SunTrust
The "application" transfer fee is up to 0.5 points if the appraisal has been underwritten and up to 1 pt if both the appraisal and credit have been underwritten. If neither event has occured then the "application transfer fee" is $0 ($ZERO).

Since the case number hasn't even been ordered, the appraisal has definately not been underwritten.
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October 20 2009
 

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