I just heard back from the bank and her response to my inquiry
I emailed and said
"I'm not finding any information that the adverse market refinance fee is still active, I've only found information to the contrary.
Linked article from The Federal Housing Finance Agency mentioning the fee has been done away with as of August 1, 2021"
Her response
"You are correct, no hit for Cash out on primary residence, that has gone away but we do have adjusters for Loan to value and cash out loan to value along with credit score and 2-4 unit"
This is problematic to me on so many levels, why was she willing to increase my interest rate based on her ignorance, who is watching and making sure these lenders are doing the right thing? If I didn't push back and did my own research I would of been stuck with a %4.1 interest rate paying extra on my mortgage because of someones malfeasance, this is a big deal.
Anyway, lesson learned and I'll be keeping an eye on these type of transactions ever more carefully as I continue to mature in my real estate investing trajectory.