I have already written letters to the Office of the Comptroller of the Currency (OCC) and the NJ attorney General but nothing much has happened over the past few months. I'm wondering if I have any legal recourse on this matter and if there are any attorneys out there that would be interested.
I went to refinance my interest only loan with a new lender and learned of a pre-payment penalty with Countrywide (now BOA). I tried to work with several managers / supervisors at BOA and they refused to help. I inquired as to if I could refinance with BOA but I was told that even if I refinance with them I would have to pay the same pre-payment penalty. After much of nothing, and my loss of my first rate lock with my new lender, I borrowed $10k + on a credit card to pay my pre-payment penalty. The option of staying in an IO adjustable loan was way to risky as it was going to adjust in a few years and I plan on staying in my home for a while.
Here is some more detail....
My property settlement agreement from my divorce stated that I must refinance within 90 days to remove my ex from my mortgage. As I had my original mortgage with Countrywide, I turned to them for the refinance. At no time was I ever informed of a pre-payment penalty and I carefully reviewed my interest only adjustable rate note, specifically section 5 Borrower’s right to prepay which clearly states that there is NO PRE-PAYMENT PENALTY. I was very careful to review this document and I was also informed that pre-payment penalties are not allowed in NJ. At the time of closing, a representative came to my house with a pile of papers and embedded in the paperwork was a pre-payment addendum which imposes a pre-payment penalty. He never explained the paperwork to me and he was very rushed and uncooperative. Unfortunately, I did not realize this addendum was included until I received my closing documentation from my new lender.
Secondly (and this one makes me even more furious) at the time of my re-finance after my divorce, I made it clear to Countrywide that I was looking to get cash of approximately $55-60k at closing and that I had flexibility in the final amount of cash back at closing. Countrywide deliberately made the cash at closing $62,045 – just enough to push me into a jumbo loan with a higher interest rate. There was no mention of a conforming loan at any time during the loan process – if I were given the option I would have certainly opted for a conforming loan. Instead the loan amount was $418,000 – only $1,000 over the conforming loan limit in 2007. If I were given $61,045 at closing I would not be in a jumbo loan.
Is this not a deliberate act of predatory lending and / or bad faith lending? Do I have something that I can pursue aside from my complaints to the OCC and NJ attorney general?
Thank you.What is the name of your state (NJ)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
I went to refinance my interest only loan with a new lender and learned of a pre-payment penalty with Countrywide (now BOA). I tried to work with several managers / supervisors at BOA and they refused to help. I inquired as to if I could refinance with BOA but I was told that even if I refinance with them I would have to pay the same pre-payment penalty. After much of nothing, and my loss of my first rate lock with my new lender, I borrowed $10k + on a credit card to pay my pre-payment penalty. The option of staying in an IO adjustable loan was way to risky as it was going to adjust in a few years and I plan on staying in my home for a while.
Here is some more detail....
My property settlement agreement from my divorce stated that I must refinance within 90 days to remove my ex from my mortgage. As I had my original mortgage with Countrywide, I turned to them for the refinance. At no time was I ever informed of a pre-payment penalty and I carefully reviewed my interest only adjustable rate note, specifically section 5 Borrower’s right to prepay which clearly states that there is NO PRE-PAYMENT PENALTY. I was very careful to review this document and I was also informed that pre-payment penalties are not allowed in NJ. At the time of closing, a representative came to my house with a pile of papers and embedded in the paperwork was a pre-payment addendum which imposes a pre-payment penalty. He never explained the paperwork to me and he was very rushed and uncooperative. Unfortunately, I did not realize this addendum was included until I received my closing documentation from my new lender.
Secondly (and this one makes me even more furious) at the time of my re-finance after my divorce, I made it clear to Countrywide that I was looking to get cash of approximately $55-60k at closing and that I had flexibility in the final amount of cash back at closing. Countrywide deliberately made the cash at closing $62,045 – just enough to push me into a jumbo loan with a higher interest rate. There was no mention of a conforming loan at any time during the loan process – if I were given the option I would have certainly opted for a conforming loan. Instead the loan amount was $418,000 – only $1,000 over the conforming loan limit in 2007. If I were given $61,045 at closing I would not be in a jumbo loan.
Is this not a deliberate act of predatory lending and / or bad faith lending? Do I have something that I can pursue aside from my complaints to the OCC and NJ attorney general?
Thank you.What is the name of your state (NJ)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?