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As a Consumer or a Realtor, should you complain?

By
Mortgage and Lending with Social Media - Infinity Home Mortgage Company, Inc

attacking

How do you handle things when they go bad, when they don't go your way. And I am speaking on behalf of a botched closing. A loan officer or lender making a promise that they will close your loan on the date that is in the contract. Or giving you certain rates and or closing costs on paper, to later finding out at closing, that they changed some things on you. Or the worst case scenario, telling you that they can't help you now, the day of your settlement.

Now, don't get me wrong, I am not telling you to go out there and attack someone or maim someone. But what about filing a complaint with someone. It can make a difference. Yes, it does take some effort on your part. But if you don't take a stance of some sort, it will just happen to the next person. 

Okay, so why the urgency now?  Well, I have been a part of a few discussions from a few well-written posts in the last day. Two things that were mentioned within the discussions that I heard,

  1. "I don't want to sound like a cry baby"       and  
  2. "my complaining won't do any good."


thinker

 

Now, I have always considered myself a thinking man. Someone that will usually exert that extra effort to try to make things better. Even if that means taking the time to bring it to someone else's attention. 

Have I done this every time something goes wrong?  No, I'll admit that. Sure, it can take some time out of your busy schedule. But whatever happened to the Power of People? The Freedom of speech? If you don't stand up to what happened, if you thought it was unfair or unjust, then what about the next person that it happens to. Or better yet, that it might happen to you again?

So, let's use an example now for all intense of purposes. I am a loan officer that has promised a closing on the 12th of May with $2,000 out of pocket to the buyer. The 11th roles around and I tell you I need another week to close this loan, for what ever excuse was used. Now it's a week and I ask for one more extension. Bingo, we finally make it two weeks later. But wait, I tell you that you need another $1,500 at the closing. You complain, rant, and rave. (possibly more than this, but we'll keep it "PG") But because you want the house so bad, you come up with the extra money or one of the realtor's cuts back their commission a little to help out with this. Okay, you aren't a happy camper, but you have the keys. You call up the loan officer, because they weren't even at the closing and say, "you won't be getting a referral from me."  The loan officer under his/her breathe, "oh well, I made my money."  Now, you both go your separate ways...... This shouldn't stop here and here is what can be done.

 

 

 

                           What can you do to possibly keep this from happening again? And no, you wouldn't be the only one that could make a difference. But if enough people do it, it can make a difference. Sometimes a follower needs to be a leader at times.
                               

solution A.  When having a problem with the loan officer, call their supervisor and or manager. Give them the benefit of the doubt at least once. But if they don't return phone calls and or e-mails, don't wait around. This is usually a good sign that something is wrong. (not always, but a good chance)

B.  If it seems like the manager is taking the side of the loan officer, just go up the ladder per se. If it's a small company, speak to the V.P. or the owner/President of the company. If it's a larger company, after speaking to the branch manager, you can then go to the regional manager.

                               C.  So, you either closed on the loan with problems or they denied you last minute. Don't stop here. There are a few things that you can do:                                       

                                           1.  Call the BBB or go to their online complaint system (Better Business Bureau).

                                           2.  Or go to Google and type in state license complaints for mortgages. With this search, you will pull up many different states. If your state isn't there, just type in your state name ____________ followed by mortgage complaints.

                                           3.  Or go to the NAMB site. (National Association of Mortgage Brokers) And then go to this link on the page and click it.  Home Buyer Complaints

 

Now, I never said that by doing this will make everything better for what might have happened to you. Or that it will correct the problems right away. But if it's the same people doing this over and over, your efforts might get them to stop down the road. Don't be a back seat driver. 

Disclosure: This does not happen to everyone. Nor is every loan officer a bad loan officer. But this is based on real life examples from the past, from speaking to other realtors and consumers.

 

Part of my inspiration can from reading a blog done by both Neal Bloom and Randy L. Prothero. Both of whom wrote two thought provoking blogs based on their experiences with botched closings. 

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Copyright © 2011 by Jeff Belonger of Infinity Home Mortgage Company, Inc

Thesa Chambers
West + Main - Bend, OR
Principal Broker - Licensed in Oregon

Jeff - you are so right - no one wants to give the bad news - it is better to have bad news early than have it blow up on the closing table - this is business and they act like none of us can accept the truth.  Welcome back where ya been?

May 15, 2007 01:34 PM
Anonymous
Jeff

I USED TO ESTIMATE MY PER DIAM INTEREST BASED ON FIFTEEN DAYS AS WELL. WITH PURCHASES, FINDING THAT OFTEN MY ESTIMATE WAS OFF, I HAVE SWITCHED TO ESTIMATING BASED ON ACUTUAL CLOSING DATE. WE WERE SET TO CLOSE THIS ONE THE END OF THE MONTH, EVERYONE AGREED TO MOVE THE DATE TO THE 18TH. I EXPLAINED TO THE BORROWER HE WOULD BE PAYING PER DIAM INTEREST THROUGH THE END OF THIS MONTH, THUS CHANGING THE AMOUNT HE WOULD BRING TO ESCROW AT CLOSING. EVERYTHING WORKED OUT JUST FINE, AND AFTER EXPLAINING THE PROCESS MY BORROWER HAD NO PROBLEM WITH BRINGING HIS MORTGAGE INTEREST PAYMENT FOR MAY INTO ESCROW. COMUNICATION COMUNICATION COMUNICATION. I CAN'T STRESS THIS ENOUGH ANY REALTOR OR CLIENT WILL TELL YOU THEY WOULD RATHER HEAR THE BAD NEWS, AND POSSIBLE SOLUTION EARLIER RATHER THAN LATER!!!

May 15, 2007 02:12 PM
#14
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Neal.....  I would file something or call his manager. Just because he didn't get the job done and for the fact he seems to think that you are questioning him, doesn't mean he should get all bent out of shape. From talking to you and reading your one post, he was lacking in the communication department.  I say, wake him up. Have him have to answer to a BBB complaint. Again, from your post and comments and the storyline, I would say he was at fault for this mess. And that he wasn't honest at all....  thanks for stopping by.

Thesa....   I totally agree, the biggest issue on hand are those that hate giving bad news and just wait to the end.  I learned from my own personally life and growing, to give the news as soon as possible. People will respect you for it... especially when you can find a solution.

Read this when you get a chance : A conversation I just had with an underwriter

Mark?  aka Jeff   Not sure if this is Mark or Jeff... or someone else.  I can only assume that it's you, because your comment is a continuation of my feedback from the previous comment.

In any case.... if you have been in this business long enough, you should know for the most part, that many people don't listen and or remember the true details, especially that of the interest per diem. So, you are going to be off anywhere from $500 to $1,200 depending on the loan amount?  If one would get creative, there are ways around this. ....

Take the good faith estimate and circle the interest per diem section in yellow or better yet, RED.  And tell them or even write it down next to what number is already in there. If you were estimating exactly from the date of closing, then to the side of it, put 15 days of interest. Or vise versa.... I would do it the 2nd way. I ALWAYS put 15 days and just tell them and write it in red... if you close sooner, less money. Too me... in Mark's case, there had to be something off than just the interest per diem. That's my opinion.

But as you stated, communication.  And yes, telling the client the bad news earlier than later is a step in the right direction. But with so many, especially those out of state and not near the transaction, many don't care about this and just let it ride.  thanks for your input.

May 15, 2007 03:22 PM
Anonymous
Mark

I LIKE YOUR IDEA JEFF, AND YOU'RE RIGHT IT WAS MORE THAN THE MORTGAGE INTEREST PER DIAM, IT WAS ALSO PRO RATED HOA DUES, AND AN EXTRA TWELVE DAYS WORTH OF COUNTY TAXES OWED. THESE ITEMS MADE A SIGNIFICANT DIFFERENCE TO CLOSING COSTS BECAUSE THIS WAS A SUB PRIME CALIFORNIA JUMBO PURCHASE TO 90%. YOU CAN PROBABLY IMAGINE NOW WHY TWELVE EXTRA DAYS WOULD BE SIGNIFICANT.

May 15, 2007 03:54 PM
#16
Joan Mirantz
Homequest Real Estate - Concord, NH
Realtor, GRI, CBR, SRES - Concord New Hampshire
I am fortunate to have several loan officers that I work with whenever possible! It's the dot.com's I have a problem with..getting anyone to even answer their phone is an accomplishment!
May 15, 2007 04:19 PM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Mark...  thanks for sharing that and for stopping by. Sure, it's tough because even when they say they listed or understand, they can pull the "I didn't know attitude"....   so if I make copies and have them initial and or sign stuff, at least I can say this initialed it.  That saved me once because the clients swore that I didn't tell them that it was a 45 year sub prime deal and that they wanted a 30 yr. I had it in my notes that we talked about it. I told them that they wouldn't keep this mortgage for 45 years and even 30 yrs, that their goal should be the cheapest payment. Besides, they didn't qualify for a 30 yr and I even told them that. Well, I had them initial each page of the 1003 and it had the term on there. In this business you just have to cross your "t's" and dot you "i's"....  thanks again...

Joan.....yes you are fortunate. But even if you came across this because your client picked their own mortgage company. And you got the run around for a week. Better yet, you leave the loan officer messages for 2 to 3 days and a few e-mails, but you hear nothing. Unless there was a family emergency, there is not excuse for this. 

May 15, 2007 05:10 PM
Chris Griffith
Downing-Frye Realty, Bonita Springs, FL - Bonita Springs, FL
Bonita Springs Listing Specialist - Agent
Jeff, we've all been there.  If it's anything I could have helped I own up to it.  I just hate when I am collateral damage for someone elses neglegence.
May 15, 2007 11:31 PM
Allison Stewart
St.Cloud Homes - Saint Cloud, FL
St. Cloud Fl Realtor, Osceola County Real Estate 407-616-9904
Jeff-this post deserved more attention than it received. EXCELLENT!  I give you a five. It is vital consumers and professionals know where to go and you did an excellent job providing the links!  Bravo!
May 16, 2007 01:04 AM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Chris.....  I am sure we all have been there. But the question would be, how many of us have ever done something about it?  And yes, I hate cleaning up someone else's messes.....   I have had to do that for a few title companies before.

Allison....  thanks for those kind words. Yes, I would figure that this is a very important topic and should have received more attention. I believe this was sometimes more of a problem than just the loan programs themselves. Because then people were forced into certain loans.  Thanks again for stopping by and for your comments. 

May 16, 2007 01:39 AM
AZ Mortgage Broker: Michael George
Arizona Wholesale Mortgage Inc. - Phoenix, AZ
AZ Mortgage Rates

Great post Jeff.  I totally agree.  As a mortgage broker who does no wrong (seriously!), I wish clients would complain about my competition even more than they already do.  Why should the bait-and-switchers and the newbies-in-the-business take loans from me, when I can do better by the client?  Complain, I say!

 

May 16, 2007 05:49 AM
Anonymous
Keith Smolik
I am an LO with a large lender. I find these problems inexcusable. Communication would resolve most of the issues. Under promise and over deliver and you will get all the leads you can handle. People remember when they are treated right.
May 16, 2007 07:27 AM
#23
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Karen.....  Yes, I think more people need to complain and not to us or others that don't really matter, but to those that can do something about.  And thanks for that polite compliment.

Keith.....  you are correct, communication would resolve many of these problems. But there might not have been a problem if that loan officer was truthful in regards to the program that they promised. As you said, under promise and over deliver....    thanks for sharing this...

May 16, 2007 10:06 AM
Celeste "SALLY" Cheeseman
Liberty Homes - Mililani, HI
(RA) AHWD CRS ePRO OAHU HAWAII REAL ESTATE

Not always do I have to stay on top of it...but believe me ....I've had times I've had to go the whole nine yards. 

Where you been?

May 16, 2007 11:25 AM
Rich Schiffer
Swarthmore, PA
Referral Agent, e-PRO

Jeff, I think this is a marvelous topic.  Too many times I have heard people complain about someone while standing around the proverbial water cooler.  It does no good, unless the person you are complaining about is the person you are talking to.

Generally, I have a few personal rules I like to adhere to regarding complaints:

  1. Never complain about a circumstance to someone who can not change the circumstance.
  2. Never complain about something that your own actions brought about.
  3. Never complain abour dinner being cold when you are late for dinner.
  4. When asked for feedback, don't be affraid to be honest.

I recently had a maintenance issue come up with my car.  I took it to the dealer where I bought it, only to be told they couldn't service a chrysler at a mercury dealership.  Defore I drove down the street to the Chrysler dealer, I sat down with the general manager, and spoke to him about it.  I wanted him to know that if they are going to sell used cars that they cannot service, their sales people should disclose that fact to the consumer at some point during the sale process.  I explained to him that I wasn't upset, but that another buyer might have been, and that they ought to consider instituting a practice that would avoid those types of potential upsets.  He thanked me for the comments, and we proceeded to have a chat about the similarities in our businesses.  At the end of the conversation, I felt like he was about to offer me a job...we hit it off so well.  If this real estate career ever gets boring (not likely) at least I knwo I could be a used car salesman!  (I actually used to sell cars, way back when...nevermind, thinking about gas prices hurts...)

May 16, 2007 04:09 PM
Dominick Gaccino
Dominick gaccino - Peekskill, NY

good post

 

now sometimes things do arise

 

personally i am never the one to back away from calls.....i dont duck people

 

sometimes the AE or UW is giving me bad info and i unfort pass along to borrower and RE agent

 

Generally i always overquote things..............try not to cut things to very second of the day

 

i would say we can close on the 12th.......actually thinking the 5th..........give myuself that extra time god forbid

 

as for $'s when i quote it im usually dead on so im never worried about that

 

that being said we are still going to run into people who no matter what we do are just jerks.........................they complain and yell no matter what

 

DOMINICK GACCINO

First Suffolk Mortgage Corp

May 17, 2007 02:08 AM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Sally..... I think a realtor should only have to do so much. But then again, that's only if the loan officer was good at first....  very good with communication and follow up.  thanks

Rich.....  I liked some of your personal rules. ANd you use a great example of how to pursue a concern that you had as a consumer. Thanks for sharing this. Again, more people need to do this for anything that comes across their lives as we have presented.  And thanks for your very polite compliment.

Dominick.....  that's great that you don't duck people, avoiding them. And you make some very good points and using some good examples when it comes to overquoting.... not over promising.

But I have a concern, when you mention an AE or UW passes you along bad information. This is not pointed at you... but we need to know these programs inside and out then.  And deal with a very good AE and lender if you aren't underwriting these loans yourself.  Thanks for your input and feedback. And also thank you for your compliment.

May 18, 2007 12:39 AM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

This is what Lisa said in this same post.....

Jeff, You recently commented on my blog Watch what you say, which is a case such as this. I totally agree that if the situation calls for it, people should make a formal complaint. I think it doesn't really matter what profession your in. We all have a code of ethics and there are always a few who don't practice very ethically. The only way to change that is to speak up. Thanks for linking your blog. You are absolutely right.

06/12/2007 by Lisa Stevenson   Delete Report as Spam


Jun 12, 2007 06:25 AM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Lisa....   I just think more situations have called for it with less people taking charge and doing this. I agree, it doesn't matter what profession that you are in, people should stand up and bring it to someone's attention. I don't call this complaining.

Thanks for your feedback and for you input. 

Jun 12, 2007 06:27 AM
Broker Nick
South Florida Real Estate & Development, Inc. - Coconut Creek, FL
Broker Nick Relocation Broker Service
There has to be more accountability in the mortgage profession. I thank you for the post. It is a pleasure to read you posts. I wish I had a mortgage professional such as you in Florida, Jeff!
Jan 16, 2008 06:15 AM
Anonymous
Reba Martin

I just experienced a last minute major change before closing by a Loan Officer who says the Seller will now have to pay all closing cost instead of the Buyer as agreed on in the contract.  The loan officer told me that HUD changed the regulations right before closing this Happi Program loan in Louisiana.  According to the Loan Officer the Buyer was no longer making enough money to use her Happi Money for closing cost because of the HUD changes, she would now only be allowed to put the entire $10.000 on the loan. This money is given to her to pay her down payment and her closing cost.  

I searched the HUD site and found that NO changes had been made to the Happi Program, when I ask her if she could provide me with documentation of that change she said "I probably could but we are withdrawing this loan".  The Buyer received a letter from the mortgage company that the loan would have to close on the 11 June 2012.  She told me about withdrawing the loan on the 9th June 2012.

I feel like this occurred because I raised questions about her waiting until days before closing about this HUD regulation change that I have been ubable to find.  This property was off the market for 6 to 7 weeks before she decided to withdraw the loan.  There was never any indication that this Buyer was not going to get this loan, I was always told that there was absolutely no problems up until the last minute.

I would love to know if anyone else has encountered this problem.  If so please comment.

Jun 12, 2012 12:27 AM
#32