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    nbensky's Avatar
    nbensky Posts: 2, Reputation: 1
    New Member
     
    #1

    Jun 10, 2009, 05:42 PM
    Mortgage refinance, rate lock
    I am attempting to refinance my home with a mortgage broker.
    I "locked" the terms of the loan(interest and points), with a 30 day lock.
    All papers were signed, and accepted by the mortgage broker within the 30 day period.
    I received notification from the broker that all was going as planned, and the loan was in process.
    Then about 2 weeks after the 30 day lock period had expired, and after the loan officer emailed me that all was going well, the loan officer called me and said that the institution that was chosen to finance the loan told him that the loan could not be done because the 30 day period had expired.
    The loan officer then attempted to offer me a loan with a significantly higher interest rate and higher points(as the market had appreciably changed in the past 2 weeks).
    What are my options to force the mortgage broker to honor their commitment?
    What legal recourse do I have?
    Thank you
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #2

    Jun 10, 2009, 05:46 PM

    Call you State's attorney and tell him you want to talk about possible lending fraud, bait and switch.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 10, 2009, 05:56 PM

    Yes, most likely there was no "first orginal mortage" do you have that lenders name, did you talk to them direct about what happened ?

    I agree go find a new broker, and report this one
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    Jun 10, 2009, 06:04 PM
    Unfortunately I don't think you're going to have much success. A 30 day rate lock means that the loan must close within those 30 days, not be approved by the lender. The broker was a slime for not warning you about that.

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