I signed closing papers on June 11 with funding to occur on June 16 for the refinance of my home more than 45 days ago. To date (July 31), my original mortgagor has not received the pay-off from the company with whom I refinanced. Since the papers were signed, two payments have become due (and overdue) with the original mortgage holder and they have implemented collection and pre-foreclosure procedures against me. My first payment on the so-called refinanced loan is scheduled for August 1. Can I legally get out of the contract to refinance at this point and make arrangements with my mortgage company in order to forestall foreclosure? I have zero confidence that the company with whom I refinanced will resolve this problem since they do not even return my phone calls. The only information I have received is they are "working on it." In the meantime my credit is being severely affected.

Check should have been sent the day of closing, you should have seen it actually

I would get a real estate attorney involved now.