Mortgage Refinance - Lender wants to back out - CD signed

[Luke Mike]

Hello,

I thought I had finished the refinance process. It has been a 45day process, and the CDs were signed.

One condition to get the low rate was to move my brokerage account over to them.

Today the lender calls and tells me they won't allow me to move my brokerage account over (fiduciary duty: their brokerage account has much higher fees than Fidelity), and therefore they won't honor the low rate we locked.

Are they allowed to do this?

• The lender knew from day one (written email exchanges) that I was moving my brokerage account.
  They had the last 60days of statements, detailing the exact contents.

• No where have I ever signed that it was contingent to moving money over.
  The only reference about it is in an email. It has never made it to any of the signed documents, including CDs, rate locks, ...
• The rate lock is still valid for another 20 days (without any mention of moving money over).

I don't want to sound entitled, but this is a difference of $200/month and adds up over 30y.
I would move my brokerage account over for the low rate if that was possible. Lender is not letting me.

What are my options here? Are the CDs only binding the customer, not the lender?