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A lender with whom I locked a rate 8 weeks ago is asking for

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increasingly hard to obtain documents...
A lender with whom I locked a rate 8 weeks ago is asking for increasingly hard to obtain documents as the lock rate nears expiration. I suspect they're purposefully trying not to fund the loan as the rate change over the last 8 weeks has been so striking. What rights do I have if I've provided all reasonable documents and now their requested documents are unobtainable?
Submitted: 4 years ago.Category: Real Estate Law
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Answered in 5 hours by:
7/16/2013
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 4 years ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 121,081
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking.

First, you need to ask the lender for an extension of the lock in writing, since the delays are being caused by them. If you have a good loan officer working with you, they will do so, since these delays are caused by the underwriters and not your loan officer.

Second, I am afraid that (and having just gone through this less than 3 weeks ago myself) that legally you have to provide them everything they are seeking if you want the loan. Your loan officer can argue your case with the underwriters and you can appeal to the underwriters, but the bottom line I am afraid, is that the underwriters are the ones who approve the loans and they refuse to do so without proper documentation and if there is a piece they insist upon that you cannot provide then you need to try to appeal to them and provide them with any other information you have that shows the same thing as the documents you cannot reasonably obtain.

Sadly, these banks have us when we need a loan. It would be next to impossible to prove that they are using a low lock rate as an unfair and deceptive practice to lure people into agreeing to a loan, but if you can get actual evidence of the fact that they are fraudulently advertising a low rate and then delaying things to impose a high rate, then you could file a complaint for unfair and deceptive lending practices against them.



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