Forgotten Your Password?

Need to Register?

Question Icon

Can the lender pull the loan after it was closed?

I applied, approved and closed a Harp 2.0 Refi. This refi was done by the same company that did a refi on it 3 years ago. I have been in the house for 10 years. On the day it was to be funded, I reached out to my loan agent. I asked about the possibility of getting approved for a loan in my home state, as my parents need my help as they are aging etc. I explained that I have no immediate plans, and was asking for his advise on my options. I received a call from this company ,and the person drilled me on my intentions to move etc. I was clear that I had not idea of the 12 month occupancy requirement and certainly will abide by that. Next thing I know is that they pull the loan and do not fund it, as they deemed me a threat. My question is this legal? I am guessing they think I am pulling some occupancy fraud, but any look at the history would demonstrate otherwise. Again, legal? by Hydrasport20 from Atlanta, Georgia. Jul 27th 2012 Reply


Patrick McCarthy (PatrickM)
#22 ranked lender in Ohio - 196 contributions

Either Party can rescind the loan durint the 3 day recsission period after closing. That is what it is for. Most lenders do not only want you to occupy ift for 12 mos. If they felt you were thinking of leaving after 12 mos, they have every right to cancel the loan. I am licensed in Georgia. I would be happy to talk to you about your options with Stonegate. www.StonegateMtg.com/PMcCarthy 614-310-7520

Jul 27th 2012
1
0
William J Acres (William_Acres)
#74 ranked lender in Arizona - 8,728 contributions

Welcome to the world of Legality... everyone is concerned about getting sued, and your lender was no exception.. I would never pull a loan for what you described, but if your lender is under investigation or has had some issues in the past dealing with fraudulent loan, they might be gun shy and will be very cautious.. No worries though.. go and apply somewhere else.. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com

Jul 27th 2012
1
0

Patrick, it was outside of the 3 day window. They simply did not fund it like they should have and the only reason I have been given is that they deemed me a threat. They are alluding to Occupancy fraud. This is my primary residence, I would have to sell this one to get one in my parents state. Just because I asked a question, they stopped the funding. Once this debacle is clear, I may be calling you.

Jul 27th 2012
0
0
Brian Allen (ballen)
#43 ranked lender in Maryland - 193 contributions

WOW, this was after the rescission unheard of if all you did was asked a question HARP 2 applies to owner occupied or 2nd homes or investment property so there would no reason not to fund your loan. Have they declined your loan? We treat our borrowers with respect and provide exceptional serivce we lend nationwide. I can be reached toll free 888-354-3299 or e-mail ballen@accessnational.com

Jul 27th 2012
0
0

I just received a call from the office of the President of this company. My loan closed on 7/20, and on 7/25 I sent the below email to my loan officer. The president just told me based on the below email I show intent to not live in the property as my primary and they will not be funding the loan. I personally never knew of the 12 month requirement. Upon hearing it, I am fine, I don't break the law. I will get my wife an apartment in La, so she can go help our parents. If I was getting this loan under the guise as rental property (this is what they are accusing me of) Would I have sent an email? I would have expected my Loan broker to answer with "XXXX your first option is that you have to remain in the house 12 months" . Instead - he sent my email to the companies Security Department, who made the decision to pull the loan. I have been in this house 10 years and refinanced with them 4 years ago. XXXX, thank you for everything on the refinance. The client survey is in the mail with extremely good marks. I do have a question and it may be for another person at XXXXXX. I truly want to move back to Louisiana, and want to get pre approved for a loan there. Can you help me with this or recommend someone at XXXXXX?Understand I am not sure of any direction yet, I just want to talk to a loan officer to get an understanding of my options.Thanks,XXXXXXEnter your answer here

Jul 27th 2012
0
0
Linda Wintersteen (Linda123)
#63 ranked lender in Arizona - 1,256 contributions

The only time I have had loans, signed , and docs, and did not fund ,was the company was going to close,, and they can be big banks, like IndyMac Bank, I worked there, and had 5 loans , signed , wires out, etc , and the wires were pulled due to the company was closing.. I would really inquire to the loan officer, why, they called in on you, and on your docs there is a form stating you are occupying this property as primary residence.. I would ask them to reconsider, or go to other bank source. I know the laws in GA, are stranger than some other states, and it is hard to get harps done in Georgia, so you were lucky!!! A lot of the banks in GA , refuse to do the harp loans.. If You want , email me the name of the bank, and i will be able to tell you how strong the bank is ,and maybe they were having funding problems, and it was easier to not fund the loans. linda email yourloanpartnerforlife@live.com

Jul 28th 2012
0
0

Thank all of you for your thoughts on this. I know the email I copied and pasted runs into my post.. but the bottom line is this, 4 days after closing I sent an email to the loan officer asking about my position on help getting a loan at some point in Louisiana. I then received a phone call who I was told was a member of the sales team that is licensed in Louisiana. This person was actually a person in Security. This person asked what my intentions were and I told her that ultimately I wanted to get to Louisiana. She asked when. uknowing of the rule - I said, 6 months to a year, if the market turns around. She then informs me that by virtue of the current Refi, I was bound to stay in the home for 12 months. I told her that I had no idea, and that not anywhere in the process did anyone tell me this. I told her that won't be a problem really because the market is still underwater. At this point she mentions something about having to undo the refi. I then told her to please don't do that, I had no idea of the mandate and I certainly will not break any laws, and maintain the primary and get my wife an apartment. At 5 that afternoon my agent called to tell me they were pulling the funding as I was a "threat". After calls from their RVP they are still not changing course on their decision and are accusing me of conspiracy to commit Occupancy Fraud. I find this so hard to believe I am speechless. Understand, for thirty years, I have been in fraud investigations for retailers! That is my career!!! More than the supid refi, I am now pissed at a company questioning my integrity. I have a credit rating of 780, make 150K, and have never in my life missed a payment of any kind. If they would spend the time to do any research they would see there is no way in gods green earth would I ever renege on an agreement. I refinanced for a total difference of 1.75% - It would take a hell of a lot more than that for me to jeopardize my good name and my integrity. Thank you all for your input.

Jul 28th 2012
0
0
Linda Wintersteen (Linda123)
#63 ranked lender in Arizona - 1,256 contributions

I JUST read your post.. Didn't they see on your application what you did for a living??? wow, I would re-mention that to them.. There would be no way that you would ruin your career over 1 loan transaction.. You can go to the OCC , AND file a complaint...

Jul 28th 2012
0
0

That is definitely what I intend to do when I get their reasoning on paper. I have put over 1000 people in jail over the past 30 years investigating everything from shoplifting to multiple employee embezzlement. I have explained this to the Regional Vice President of Banking for this organization and although he agrees, that I probably was not seeking to do anything malicious, they won't fund the loan. This has truly been bizarre to me. I was contacted last night by their "Office of the President" telling me that they will be contacting me on Tuesday with a final answer. At this point, I don't want the loan. I don't want to do business with them. I am going to wait until they get me the reason in writing and then I will begin the process all over. I misspoke earlier, my loan is an FHA - and the loan I was applying for was a Streamline Refi. Not HARP. Linda, thanks for your input and suggestion.

Jul 28th 2012
0
0
Subscribe to our news feed.