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  #1  
Old 09-25-2009, 01:29 AM
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Re-Financed a Loan: Question


What is the name of your state (only U.S. law)? Texas
I was trying to refinance an existing mortgage in order to get lower monthly payments and a better interest rate, and worked with CountryWide and several other companies.
My principal was $77,000, and our payments were $564/month. I came very close to closing a deal with CountryWide, but the appraisal fell short $3000. Finally, one company here in Texas seemed very cooperative. They were going to change the terms to $494/month at a lower interest rate. They sent the forms with the terms and loan number, and I thought I had a good deal going.
Then the agent called and said we had a closing date. We were sent the terms of the loan in a PDF format document, not by FedEx. It turned out that we financed $99,000, and their home appraisal didn't matter one bit. There's a little known [at least it was to me] section in texas law that states if a buyer and seller agree on the value of property, then it's a "done deal". My wife and I signed a document that stated that we valued our home at $124,000 [county only values property at $93,000](the company had to do that to have the percentages come out correctly), not really even knowing what this was. I'm disabled and my property is listed as that of a disabled person, yet this company went ahead and actually played a shell game on us. Our payments went UP $20, and we got to start all over on a 30 year loan.
Is there any remedy for this action ?
Thank you.
  #2  
Old 09-25-2009, 05:08 AM
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I'm confused. Where did the difference between the $99,000 financed and the 77,000 you owed on the previous loan GO?

The county assessment for tax purposes has squat to do with refinancing and I have no idea what you are talking about with "buyers and sellers agreeing on a value". What buyer, what seller?

They can send you the TILA and other disclosures electronically. The closing documents almost certainly need to be done in person/notarized. Did you read any of these?
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  #3  
Old 09-25-2009, 10:51 AM
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I like your sig, but I also thought that the stupidest question was also the one not asked.
I realize the country's appraised value means nothing regarding a mortgage, it was just given so the reader would have some ideal of what the home is actually worth; their appraiser stated it was worth $105,000.
The difference between the $77,000 and $99,000 is their charges for their "services", plus approximately $9,000 of our debts were paid off. Is that clear enough ?
The article in the Texas constitution I'm referring to is below if I'm not mistaken, Article 16, Section Q, Item 9:
(ix) the owner of the homestead and the lender sign a written acknowledgment as to the fair market value of the homestead property on the date the extension of credit is made.
Actually, we weren't technically the "owners", another company was, or we were at best, co-owners.
And no, we didn't read the papers; a CPA threw 'em at us as quickly as we could sign them, and we thought we were signing the original loan proposal that the little jerk sent us.
Is that clear enough ? I hate that company and would almost just as soon walk out and let them have their $124,000 home. That's what they used that clause in the Texas constitution for, to jack up the value of the home so they could loan $99,000.
Why have I not seen other companies use this ? I was only $3,000 away from the value Countrywide needed to make their loan; why couldn't they just as easily have done the same thing ?

Last edited by fallingdownII; 09-25-2009 at 10:54 AM.
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