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02-13-2002, 04:33 PM
| | | | Refinance/Closing I recently refinanced my home here in Texas for about $3,300 out of pocket. Since then, the closing agency has made 2 separate demands for additional cash totalling another $2,300. These are due to errors by them and others (not typos). I have complied with their demands so far. It also appears this will not be the end of it. When is a closing not a closing? I closed this loan based in large part on the Cash-from-Borrower line on the HUD-1. Now, that sum has gone up by 70%, after the closing. Do I have any recourse? | 
02-13-2002, 05:18 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | | Review your good faith estimate, truth in lending and HUD 1 docs. What does the difference in the amounts comprise of ie. mortgage brokerage/lender fees, impounds, title insurance, escrow fees etc. | 
02-13-2002, 06:30 PM
| | | | Thanks for your response. The differences are in:
1) Broker/Discount Fee; I questioned this number at closing but the closing agency assured me it was correct and even gave an explanation for it; they subtracted a number that they shouldn't have
2) Payoff of Old Loan; between the time of the requested payoff statement and closing, my old mortgage company went ahead and prepaid my hazard insurance for the next year (a month early and to my old insurer), causing a shortage in payoff funds. The shortage was caused by an almost doubling of rates, due to all the mold claims in Texas. I had changed insurance companies at closing for this very reason.
3) New mortgage company's requirement to prepay 7 months of real estate taxes.
I'm not questioning whether or not I owe any of these since it appears I do, and I have gone ahead and paid them. However, the closing agency that prepared the HUD-1 and closing documents, materially erred and in so doing, caused me harm. If I had known these out-of-pockets amounts were required, at the time of closing, I would not have closed. After the hook was set at closing, though, it seems I have had no choice. I also have reason to believe that there are more errors and cash demands to come. This was originally sold to me as a low-closing-cost refinance. It ended up costing over $12,000 to refinance a $172,000 loan and over $5,400 out-of-pocket (so far). | 
02-13-2002, 09:52 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | | Depending on the interest rate of your mortgage loan, it appears that you got ripped off. | 
02-13-2002, 10:16 PM
| | | | Well, yeah I got ripped off. The question is, do I have any legal recourse or cause for action against the closing agency (or others) for material errors? At the very least, it would seem to fall under deceptive trade practice (possible bait and switch) if not a breach of contract (e.g., "if you don't send us more money, we won't perform"). FYI, the interest rate is 5-7/8% for a 15 year loan. | 
02-14-2002, 04:52 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | | You got a good interest rate so it appears that the mortgage company charged extra. Check it out. | |
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