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  #1  
Old 02-15-2005, 12:03 PM
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Join Date: Nov 2004
Posts: 6

Got this bill in the mail...


What is the name of your state? CT

We were served with a summons in early November, and started from that point to do everything possible to avoid foreclosure. Had a lawyer defending us, and had a mortgage broker working on finding a lender.

Fast forward to mid January. The broker we had been working with keeps making promises about when we can go to the table, but for 3 weeks or more the lender requires "one more thing". One of these things was a Broker Price Review from a realtor to confirm the value that the appraiser gave to the house. The appraiser said $375, the BPO said $379.

Once the lender finally got the BPO and reviewed it, someone 3 states away who has never even seen our house assigned it a value of $320, because there was a house on the market for 2 months with similar age, size, lot, etc. This in turn put us about $9K short on the loan we needed to get us out of our situation.

This was the last straw for my attorneys, who had been hearing 'we are closing soon' for too long. They asked if they could give my name to a broker that they work with, said broker contacted me, found a lender, and a loan at a rate 2% less than the other lender, and took the appraised value, allowing us to not only pay of the foreclosing lender, but about $10K worth of CC bills.

Once the loan funded, I called the original broker and said "Thanks; we are all set." I appreciated all the work she did (I sent her a gift certificate because I felt she really DID work hard and seemed to have a genuine interest in resolving our situaion); but in the end, trying hard just wasn't enough.

So yesterday I get an email from the title company that was working with the original lender, wondering what the status was on the refinance. I emailed back stating that we decide to go with another lender, and we were all set.

Today, I get a bill in the mail for $400 for title certification, commitment, and doc prep fees.

Is this my responsibility? I never, ever recieved a firm commitment from the lender the original broker found, and I never signed anything stating I was responsible for fees incurred by the broker.

Yes, I do have a call in to my attorney, but they aren't around right now, so I thought I'd try here.
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  #2  
Old 02-15-2005, 12:06 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 71,204
Quote:
Originally Posted by CT_refi
What is the name of your state? CT

We were served with a summons in early November, and started from that point to do everything possible to avoid foreclosure. Had a lawyer defending us, and had a mortgage broker working on finding a lender.

Fast forward to mid January. The broker we had been working with keeps making promises about when we can go to the table, but for 3 weeks or more the lender requires "one more thing". One of these things was a Broker Price Review from a realtor to confirm the value that the appraiser gave to the house. The appraiser said $375, the BPO said $379.

Once the lender finally got the BPO and reviewed it, someone 3 states away who has never even seen our house assigned it a value of $320, because there was a house on the market for 2 months with similar age, size, lot, etc. This in turn put us about $9K short on the loan we needed to get us out of our situation.

This was the last straw for my attorneys, who had been hearing 'we are closing soon' for too long. They asked if they could give my name to a broker that they work with, said broker contacted me, found a lender, and a loan at a rate 2% less than the other lender, and took the appraised value, allowing us to not only pay of the foreclosing lender, but about $10K worth of CC bills.

Once the loan funded, I called the original broker and said "Thanks; we are all set." I appreciated all the work she did (I sent her a gift certificate because I felt she really DID work hard and seemed to have a genuine interest in resolving our situaion); but in the end, trying hard just wasn't enough.

So yesterday I get an email from the title company that was working with the original lender, wondering what the status was on the refinance. I emailed back stating that we decide to go with another lender, and we were all set.

Today, I get a bill in the mail for $400 for title certification, commitment, and doc prep fees.

Is this my responsibility? I never, ever recieved a firm commitment from the lender the original broker found, and I never signed anything stating I was responsible for fees incurred by the broker.

Yes, I do have a call in to my attorney, but they aren't around right now, so I thought I'd try here.
**A: what did the broker say when you told him/her you did not agree to pay the charges?
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  #3  
Old 02-15-2005, 12:51 PM
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Join Date: Nov 2004
Posts: 6
Quote:
Originally Posted by HomeGuru
**A: what did the broker say when you told him/her you did not agree to pay the charges?
I have not gotten that far yet..the bill came from the title company, not the broker.

I was going to wait until I heard from my attorney before I responded to the title company/broker...but like I said, in the meantime, I was wondering about opinions here.
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  #4  
Old 02-15-2005, 02:39 PM
seniorjudge
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Q: Today, I get a bill in the mail for $400 for title certification, commitment, and doc prep fees. Is this my responsibility?

A: Yes, you owe for work the title company did for you.
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  #5  
Old 02-15-2005, 09:36 PM
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Join Date: Nov 2004
Posts: 6
Quote:
Originally Posted by seniorjudge
Q: Today, I get a bill in the mail for $400 for title certification, commitment, and doc prep fees. Is this my responsibility?

A: Yes, you owe for work the title company did for you.
My lawyer doesn't think so, because it was never specified by the previous broker. But I'll be checking with them.

The one thing that gets me is of the $400, $200 is for 'document preparation' of a subordination letter I was to get signed by the previous owners, who were holders of a second at the time. A half page letter, $200.

If it was just the $200 for the title related stuff, I probably would have sent off a check. But I don't like to be gouged.
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  #6  
Old 02-16-2005, 09:53 AM
seniorjudge
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Q: My lawyer doesn't think so, because it was never specified by the previous broker.

A: Your lawyer is wrong; the title company did the work and you owe the bill.
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  #7  
Old 02-16-2005, 08:16 PM
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Join Date: Nov 2004
Posts: 6
See; that's where it gets dicey. I had already had the work done on my dime.

I have a legal plan through work, and they were representing me for the foreclosure, so my costs were all covered. My attorney had already done a title search, and I had informed the broker of this and asked if they wanted it. I also would have had my own attorney draft a subordination letter, since they were already on my retainer.

I replied to the title company that I didn't think I was responsible, but to get back to me if they believed I am. Haven't heard back from them yet.
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  #8  
Old 02-17-2005, 11:57 AM
seniorjudge
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Quote:
Originally Posted by CT_refi
See; that's where it gets dicey. I had already had the work done on my dime.

I have a legal plan through work, and they were representing me for the foreclosure, so my costs were all covered. My attorney had already done a title search, and I had informed the broker of this and asked if they wanted it. I also would have had my own attorney draft a subordination letter, since they were already on my retainer.

I replied to the title company that I didn't think I was responsible, but to get back to me if they believed I am. Haven't heard back from them yet.
Nothing that you indicate here is what the title insurance company did for you; what the title company did for you was completely different.
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