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View Full Version : Ripped of by Mortgage Company (broker)


cvalcik
04-05-2006, 04:58 PM
My mortgage was split up into two loans. I received an incomplete 2nd loan good faith estimate, was told to sign it and not date it. The fiqures were all strange and broker told me he had to just plug in numbers to get the loan started and the numbers would change.

At my closing I finally got to see the final good faith estimates. There was a broker fee added on for $5,194.00 at the last second. This would have been the sellers concession credit which was in my contract but he took it.

After finally someone getting back to me, the stories changed from buying back points to giving up backside points to the owner of the company's fee to finally a broker fee. I was never disclosed or signed any fee agreements with broker or company.

Complained to Banking Department. They and I were sent copies of the good faith estimates broker claims I received. The 2nd loan estimate which I did sign, signatures were lifted and imposed on 1st loan estimate which was given to Banking Department and NOT me. I never seen the 1st estimate until the Banking Department showed me their copy. None of my copies sent to me from broker contain my signature. They did not send Banking Department 2nd loan estimate. They closed the case because they say they are not experts in this field (so why do they exist?).

I am looking into hiring an attorney now. Is it me or is this fraud? Which way should I go? Mortgage company and broker is in Nevada, I live and bought the home in New York.

elklaw
04-05-2006, 08:40 PM
I don't think anyone on here can really say. It could be that the broker was submitting to multiple lenders and multiple programs with different terms, and that your closing costs changed based on the program that you were able to get approved in. It could be that they generated multiple forms in the copying process and just modified the 1st mtg stuff with the 2nd mtg stuff. I suggest that you speak with the broker to get a clearer idea of what was happening. Sometimes, when there is a submission to one lender, it does not work but it may with a different lender and there is not always a good faith estimate submitted for each lender submitted to and just a general good faith estimate developed. And also, there could be program variations. It varies depending on broker practice. I think that there probably is no fraudulent intent here- maybe some poor business practices, and that is probably why nothing proceeded with the Banking Commission. If you are not able to secure a reasonable explanation, there are other ways to address this, but it is really hard to say in my estimation because it appears the business practices could have been better, but it does not sound necessarily criminal since you likely provided the broker with authorization in writing that enabled them to put the forms together and submit on your behalf.

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