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Being forced to use mortgage company?

Posted on: 13th Jul, 2011 12:38 pm
i'm currently pre-qualified with a local mortgage company that i've known for many years.

i'm in the process of submitting an offer on a house that requires me to be pre-qualified with another mortgage company in order to submit my offer. i understand this and have no problem getting pre-qualified.

my problem is that this second mortgage company is that they will pre-qualify me, but if i don't use them, that they will "write on the pre-qualification that i understand that i'm losing $4,000 in seller concessions"

basically, if i want to ask for seller concessions in my offer, the only way i can qualify is if i use this other mortgage company.

this just seems so wrong, i thought there was some kind of anti-steering law that regulates this stuff.

anyone have information on this?
Seems like this would fall under a RESPA violation for Steering, but the seller does not have to give you a concession. The bank that is approving your loan, is probably giving an incentive to the seller to allow the credit. If you need the credit, move on to another property or go with the new lender. Good luck
Posted on: 13th Jul, 2011 04:11 pm
Assuming they are doing something wrong, is there some kind of agency that regulates mortgage companies? Or some kind of board that reviews issues with mortgage companies?

It does no good to challenge this through the courts, by the time it is over, I've lost more in fees than I would have by losing the concessions.

Maybe if I could at least report it to someone that would review it outside the court system, maybe they won't do this to someone else...?
Posted on: 13th Jul, 2011 08:06 pm
The problem is the seller is not required to give you a credit. If the lender said that you must use them, thats different. You have a choice for financing, and if they did not allow you to choose, then they would be in violation.
Posted on: 14th Jul, 2011 07:31 am
I'm asking for the seller to pay for closing. The 2nd mortgage company is telling me they won't let me pre-qualify for that, unless I use their company.

The mortgage person flat out said "I told you yod be loosing four thousand dollars if you do not use Carrington" and later said if I want to submit an offer asking seller to pay closing, that I have to use Carrington as the mortgage company.

I have the entire conversation recorded, and I greatly feel like they are wrong here. Other than a lawyer, who can I take this to that will review this company's practices.
Posted on: 14th Jul, 2011 09:16 am
You can contact the BBB and report them about the company's practices. Contacting FTC can also be a good option.
Posted on: 15th Jul, 2011 01:47 am
Question - is this a new construction loan? Assuming it is and it is disclosed then this would not be a violation of RESPA.

Get a break down on the current numbers - including loan term (30 year etc) loan rate and fees. You may find out that the $4000 seller concession is being made up and then some in rate and fees. In these times (buyers market), I would think you should have some leverage so don't sign on with the second lender until you get more information including a comparison of all the closing costs.
Posted on: 16th Jul, 2011 02:57 am
Better Business Bureau is not the way to go with this. All lenders have supervisory agencies, and that's the appropriate avenue to go down. Find out who their supervisory agency is, contact them and ask all the questions that you have.
Posted on: 19th Jul, 2011 07:48 am
"Question - is this a new construction loan? Assuming it is and it is disclosed then this would not be a violation of RESPA."
- Not a new construction loan.

"Find out who their supervisory agency is, contact them and ask all the questions that you have."
- How do I find this info? The company is Carrington Mortgage Services
Posted on: 19th Jul, 2011 09:54 am
Every state has a banking dept or banking and insurance department or whatever name. Contact them.

What state are you in?
Posted on: 19th Jul, 2011 12:04 pm
You have a favorite local mortgage company.

You want to work with them and they want your business.

Ask them who you should call/contact.
Posted on: 19th Jul, 2011 12:06 pm
I'm in Arizona. I'll contact the local one here, just figured I'd ask online in case there was anything I could do myself.
Posted on: 20th Jul, 2011 09:19 am
You may well be able to do these things yourself, but laws differ from state to state. If we provide you with generic answers to specific questions, you'll not get very far.
Posted on: 20th Jul, 2011 11:54 am
It would be more convenient on your part to ask for an expert's assistance regarding on your situation. Working on your own might lead to your disadvantage if ever you do things wrong.
Posted on: 27th Jul, 2011 01:25 am
Seems that was the intent all along, actually.
Posted on: 27th Jul, 2011 10:40 am
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