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Closing problems

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R

Reno

Guest
My wife and I closed on our house a month and a half ago. Our mortgage company did a lousy job, they would tell us one thing, then it would turn out to be wrong and we would have to jump through more hoops. This sort of thing happened repeatedly throughout the process. We recieved a notice today saying that we owe more money for surveying costs that should have been paid at closing. We were never told anything about this cost, this is a complete surprise. We have closed on the house, everything was done at closing with the mortgage co. present, lawyer and real estate agent present, and now this happens. Do I have any recourse here or am I just going to have to pay the money?
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Reno:
My wife and I closed on our house a month and a half ago. Our mortgage company did a lousy job, they would tell us one thing, then it would turn out to be wrong and we would have to jump through more hoops. This sort of thing happened repeatedly throughout the process. We recieved a notice today saying that we owe more money for surveying costs that should have been paid at closing. We were never told anything about this cost, this is a complete surprise. We have closed on the house, everything was done at closing with the mortgage co. present, lawyer and real estate agent present, and now this happens. Do I have any recourse here or am I just going to have to pay the money?<HR></BLOCKQUOTE>

As soon as David J Miller is free from his busy schedule, he will respond.
 
D

David J. Miller

Guest
I actually have been busy the last 48 hours. I re-painted by living room ceiling and walls. Now the wife wants to go out and buy all new accessories. She's never satisfied. heeheehee

Anyway, cocerning the posters question. It sounds like the mortgage company or title company ordered the survey??

If your Good Faith Estimate did not specifically include the cost of a survey, then simply don't pay it.

The worst thing that will happen is the mortgage company or title company (whoever the letter came from) will take you to small claims court but it's very doubtful they'd even go that far.

I'm sure when the person drafting the letter mailed it you he was probably thinking "what a waste of time, they're never going to pay this."

If they do take you to small claims court, bring your Good Faith Estimate with you and your defense will be that the cost was never disclosed. The fact that they didn't collect at closing will enforce this defense.

My experience in these matters is that judges usually rule in favor of the consumer and against the big corp's with deep pockets.

Regarding your less than perfect experience with the mortgage company, was it a small broker or a large retail lender? Not that large retail lenders never make mistakes, because they do, the very nature of a broker results in these types of situations. Since not everyone fits in the perfect mold of conforming loans, they have to shop elsewhere to find someone who will finance you. When you do this you lose control as a lender. My guess is that there is something about your situation i.e. self employed & no net income, less than perfect credit, instable job history or something like that that made the loan officers job of finding you a mortgage a bit more challenging. But maybe not, you may have simply worked with an inexperienced loan officer.

I am not an attorney. However, I once (and this one is no lie) got the award for the most improved swimmer in 8th grade. heeheehee
 

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