John,I have never heard of this myself and I have conducted a few closings and refinancing claims in my time. All parties have to be present at the closing who are signing the mortgage and who are on title. Otherwise a closing cannot take place, and something your lender should have known. What happened here is not 'illegal' per se, but it is actionable. Since they failed to properly prepare you for closing AND assured you that their instructions were fine, that makes them liable for your injuries and losses. As a consequence you can seek 'specific performance' from them, meaning that you can demand that they underwrite a loan to you under the exact conditions that they initially promised. If they cannot, sue them for the difference you will pay based on the new rate. This is a good claim and one an attorney should be able to assist you with directly.Good luck.
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