It has been a while since my last entry, but I'm back. 

Some interesting things have happened to me regarding a transaction I have been trying to close. I'll try to explain without going into too much detail.  My client, the buyer, was ready to close escrow, everything was goin g as planned.  Then I started getting that funny feeling that things were not as they should be when the lender stopped returning my calls.  My client was still getting calls full of promises about docs being delayed for this reason and that.  Finally the docs did show up 2 days after promised and late on a Friday.  We paid for a mobile notary to sign, and the escrow officer worked Saturday to get everything in order.  We should have funded Monday, but there was an appraisal problem, then the lock expired, then the whole deal fell apart.  What a mess.  My client was furious and wanted nothing more to do with her lender. She not only told her directily over the phone but emailed her this fact as well.  I contacted a trusted loan officer who could pull everthing together in a week so we started over.  The problem is my client could not get rid of the original loan officer who continued to call and make promises and push a new set of docs through.  My client started ignoring her calls so she began calling the selling agent and escrow to put pressure on my client to accept the second set of docs she was able to pull together.

My question, is there a point when a lender is legally out of line in a case like this?  My client clearly did not trust her, or want to work with her anymore, but she could not stop this lender from calling everyone involved in the transaction. 

 

4 Comments on When is a loan officer overstepping the legal limits?

SEP
04
2007
1 Featured Post Outside Blog
I'm not sure.  I'd have the client tell the old LO that their lawyer was going to contact them.. looking for damages from the deal blowing up the first time. 
4:21pm • #1
Unfortunately this loan officer just lost out on  a check that nowadays is so hard to come by.  Their actions in this matter will reflect on their business and eventually this LO will be out of the business.  I would say call their manager but the manager is probably putting a lot of pressure on this LO to save the deal.  Threatening them with a lawyer sounds like a good idea.  I'm just happy to hear that you were able to find a competent LO to take care of your client and save their deposit.
5:11pm • #2
1 Featured Post

It's truly amazing of how far people will go to benefit themselves before their clients.   If there was a problem the loan agent should have kept you in the loop.  I make it a point to keep everyone informed.  You never know when a problem will could come up. Maybe it's borrower related (not disclosing enough or not providing whats needed to close), Maybe its the lender?  Either way everyone knows upfront what is happening at all times so it can be handled as fast as possible and with minimal headaches. 

A colleague of mine at Countrywide recently had a builder hide his docs (saying they weren't in on yet) and persuade the client to sign a fresh set with his preferred lender just so conveniently waiting for him at the closing.  Well the client was told if he didn't sign the new docs he would not be guaranteed a successful closing. The new loan was a table funding and too late to stop once signed. The client called the agent the next day after the fact and informed the loan agent (feeling bad and confused). 

Needless to say my colleague has documentation to all the facts and is preparing legal action and having the manager for that builder terminated.

6:05pm • #3

Daniel, Mario, Andrew,

Thank you for your insight and words of encouragement.  We may, in the very least, threaten legal action after escrow closes.

The latest on this saga is the original LO contacted the new lending institution and somehow convinced a member of their team to give her all the details of the loan including payment amounts, interest rate, etc.  My client is furious!!!  I contacted an attorney I know and he said this is a difficult case.  If the LO is within California, I can contact the DRE.  Unfortunately, she is out of state.  Regarding the lender, he advised to wait until the loan is funded then contact the California based lending institution and let them know what happened and threaten to contact DRE about their actions.  He also said we could file a court ordered injunction to prevent this LO from doing anything else.  At this point there is very little she can do anyway, since the new docs have been signed and the loan we will fund tomorrow.

11:14pm • #4

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Vera Gleason

Riverside, CA

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ReMax All Stars Realty

Address: 6809 Indiana Avenue, Riverside, CA, 92506

Office Phone: (951) 774-1317

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