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Updated about 4 years ago, 10/03/2020

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5
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0
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Elma Van der Ryst
  • Marina Del Rey, CA
0
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5
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Fee charged violates Truth In Lending Act?

Elma Van der Ryst
  • Marina Del Rey, CA
Posted

I have a mortgage broker who I've used on a few deals. In fact, he just performed a refi for me, so he is intimately familiar with my financials. I was starting to shop for a loan for my newest planned acquisition and sent him the info. He gave me his terms which I was happy with, so we moved to the next steps. For whatever reasons (which I’ll get into in the next paragraph) he couldn't get me a loan, and next thing I knew he'd passed me on to another guy who could. This caused complications and delayed our closing (which cost me $1k to the seller). On the day of the closing he sends me an invoice for .5% for "Loan consulting" with the description "Loan Origination Fee". When he passed me on to the new mortgage broker, he did not even hint that there would be a fee involved, so I definitely did not agree to this.

Reasons he said he could not get me a loan: Jumbo loan, and too many properties. When I gave him the new acquisition's details, I pointed out it’s a jumbo loan, and even offered to bring it down to a non-jumbo loan level. He said that won’t be necessary. Later in the process he said he’s running into some difficulties because I have too many properties, and that he can get me the deal but it’ll cost me +1%. I told him I'd rather pay off my lowest balance property than pay 1%. When he sent me the surprise invoice, I asked him why, if he had complete knowledge of my financials and the new deal, did he say he can get me a loan and then couldn’t. He replied with “nobody would touch your jumbo loan and many properties”, and then seemed surprised when I reminded him that I offered to pay it down to a non-jumbo level and/or to pay a property off. I know the guy is busy, but I don’t think it’s my problem that he is forgetful.

So my question is: Is this allowed? Even if it's not allowed, should I feel a moral obligation to pay him something for the (I guess) loan shopping he did for me? My first instinct is to say that heck no, it’s not allowed, and heck no, I bent over backwards to try and help him keep his promises, but he never took me up on it! (Also, he should have gotten a lock!) But I’m prepared to listen to other opinions, which is why I’m posting here. Thanks in advance. (The invoice is for $4,500, so not chump change.)

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