Loan Rep Lied...Angry

Loan Rep Lied...Angry

Los Angeles, CA · Member since 2010 · 5 posts · 0 votes

Hello,

I'm trying to do a cash out loan on my rental property.  I met this loan rep and he told me he has a stated income loan program available to investors.  In didn't believe him but he assured me that these type of loans are coming back.  He said I can cash out 80% of my property's value.  He assured me by saying he closed many of these type of loans already.  So I believed him and went through with the loan application.

I filled out the 1003, submitted all my bank statements and every possible personal docs required.  The bank he uses was big bank.  We did the appraisal and the value came out a little lower than we thought.  So they revised the 1003 loan amount and dropped it by about 70% which is still fine.  Well, just a few days ago, he called me told me that the loan amount will now be based on the rental income collected and not the stated income he initially told me about.  This changed the entire term of the loan.  Because of that, the loan amount will now be reduced to 50% of the property value.  I told him if that's the case, then I won't do the loan.  He said he would talk to the lender and it's been several days and haven't heard from him yet.

To be frank, I am furious.  I fear this loan is dead.  He wasted about two months of my time.  I was really depending on the fund.  I feel like I can't trust him anymore.  I am under the impression that he lied to me from the beginning.  He had to have known that the loan was based on some form of documented income such as the rent rather than stated income.  I can't help but to feel like I've been scammed or lied to.

Did the loan rep break any laws by lying to me?  Is there anything I can do about this?

Thanks!

Keith

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Chris MasonPro Member
Moderator
Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes
9y
Originally posted by @Keith P.:

Hello,

I'm trying to do a cash out loan on my rental property.  I met this loan rep and he told me he has a stated income loan program available to investors.  In didn't believe him but he assured me that these type of loans are coming back.  He said I can cash out 80% of my property's value.  He assured me by saying he closed many of these type of loans already.  So I believed him and went through with the loan application.

I filled out the 1003, submitted all my bank statements and every possible personal docs required.  The bank he uses was big bank.  We did the appraisal and the value came out a little lower than we thought.  So they revised the 1003 loan amount and dropped it by about 70% which is still fine.  Well, just a few days ago, he called me told me that the loan amount will now be based on the rental income collected and not the stated income he initially told me about.  This changed the entire term of the loan.  Because of that, the loan amount will now be reduced to 50% of the property value.  I told him if that's the case, then I won't do the loan.  He said he would talk to the lender and it's been several days and haven't heard from him yet.

To be frank, I am furious.  I fear this loan is dead.  He wasted about two months of my time.  I was really depending on the fund.  I feel like I can't trust him anymore.  I am under the impression that he lied to me from the beginning.  He had to have known that the loan was based on some form of documented income such as the rent rather than stated income.  I can't help but to feel like I've been scammed or lied to.

Did the loan rep break any laws by lying to me?  Is there anything I can do about this?

Thanks!

Keith

 Hi Keith,

A true 2006-style "stated income" loan would violate the CFPB's "Ability to Repay" rule and be non-QM. Non-QM by itself is out there, but violating ATR rule is a big no-no.

Non-QM loan programs that follow ATR rule, that I'm familiar with.

- Bank statements to document income. Rates/terms better than hard money, but (obviously) not as good as government subsidized Fannie rates/terms.

- Cashflow of property as income. Alleged cashflow must be supported by appraised market rents to comply with ATR rule, and it's got to be a positive number relative to PITI. The good news is that this doesn't necessarily have to follow Fannie math, so the rent * 75% thing isn't applicable here.

- Call it a non-residential "commercial purpose" loan to get around the rule. This is what HML do, you know what those rates/terms look like. Both of the previous options are better than HML.

I'm certain there are mortgage products/programs/thing that I don't know, but the above is what I do know. I shop these "HML Alternative" (what I call them in my head) programs pretty hard and most fit into one of those first two bullet points broadly speaking, but if you've found something (that actually funded & closed) I don't know about please let me know.

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  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    9y

    No, other than maybe lodging a complaint at your local/state level with whoever regulates your banks there. What would you want to do anyway? If you're not out any money, you don't get compensated for aggravation. 

    Skyline Properties
    View Page
  • Melvin ListBusiness Member
    Lender · Tampa, FL · Member since 2016 · 1k+ posts · 381 votes
    9y

    I would reach out to @Chris Mason and see what he can put together.

    C2 Financial
  • Los Angeles, CA · Member since 2010 · 5 posts · 0 votes
    9y

    @JD Martin yes i know.  it's too bad dishonest people like him are allowed to do business.

    @Melvin List thanks

  • Chris MasonPro Member
    Moderator
    Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes
    9y
    Originally posted by @Keith P.:

    Hello,

    I'm trying to do a cash out loan on my rental property.  I met this loan rep and he told me he has a stated income loan program available to investors.  In didn't believe him but he assured me that these type of loans are coming back.  He said I can cash out 80% of my property's value.  He assured me by saying he closed many of these type of loans already.  So I believed him and went through with the loan application.

    I filled out the 1003, submitted all my bank statements and every possible personal docs required.  The bank he uses was big bank.  We did the appraisal and the value came out a little lower than we thought.  So they revised the 1003 loan amount and dropped it by about 70% which is still fine.  Well, just a few days ago, he called me told me that the loan amount will now be based on the rental income collected and not the stated income he initially told me about.  This changed the entire term of the loan.  Because of that, the loan amount will now be reduced to 50% of the property value.  I told him if that's the case, then I won't do the loan.  He said he would talk to the lender and it's been several days and haven't heard from him yet.

    To be frank, I am furious.  I fear this loan is dead.  He wasted about two months of my time.  I was really depending on the fund.  I feel like I can't trust him anymore.  I am under the impression that he lied to me from the beginning.  He had to have known that the loan was based on some form of documented income such as the rent rather than stated income.  I can't help but to feel like I've been scammed or lied to.

    Did the loan rep break any laws by lying to me?  Is there anything I can do about this?

    Thanks!

    Keith

     Hi Keith,

    A true 2006-style "stated income" loan would violate the CFPB's "Ability to Repay" rule and be non-QM. Non-QM by itself is out there, but violating ATR rule is a big no-no.

    Non-QM loan programs that follow ATR rule, that I'm familiar with.

    - Bank statements to document income. Rates/terms better than hard money, but (obviously) not as good as government subsidized Fannie rates/terms.

    - Cashflow of property as income. Alleged cashflow must be supported by appraised market rents to comply with ATR rule, and it's got to be a positive number relative to PITI. The good news is that this doesn't necessarily have to follow Fannie math, so the rent * 75% thing isn't applicable here.

    - Call it a non-residential "commercial purpose" loan to get around the rule. This is what HML do, you know what those rates/terms look like. Both of the previous options are better than HML.

    I'm certain there are mortgage products/programs/thing that I don't know, but the above is what I do know. I shop these "HML Alternative" (what I call them in my head) programs pretty hard and most fit into one of those first two bullet points broadly speaking, but if you've found something (that actually funded & closed) I don't know about please let me know.

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