Refinance Company Not Honoring Contract

[pg1067]

Do you have any documentation signed by an authorized representative of the lender that you believe constitutes an unconditional commitment to give a loan (or a conditional commitment where you believe all conditions have been met)? If so, please describe that document and provide relevant details.

[PayrolGuy]

We were told by the notary who represented the title company.

This notary likely shouldn't have told you that. Did he/she come to you do do the signing? If so, she shouldn't have been advising you in any way other than making sure you sign in the right place.

My wife's side gig is as a mobile notary and she does bout 6 or 7 of these a week. I can think of at least 3 or 4 times in the last couple of months that she has had to redo signings because the signer later had to provide new documents after the signing and the funding date or something else got changed.

[camel1971]

My wife and I signed a "Closing Disclosure" that says "This form is a statement of final loan terms and closing costs. Compare this document with your Loan Estimate." I don't have signed forms.

[PayrolGuy]

My wife and I signed a "Closing Disclosure" that says "This form is a statement of final loan terms and closing costs. Compare this document with your Loan Estimate." I don't have signed forms.

That doesn't surprise me. I've helped my wife prepare several closing packages and I've never seen a document signed by the lender in one of them.

When you say, "My wife and I signed a "Closing Disclosure" is that all you singed? Did you not get left a copy of what you signed?

[camel1971]

Yes, we have the closing packet with each page of what we signed, deed of trust and also two copies of the right to cancel within 3 days.

[PayrolGuy]

Yes, we have the closing packet with each page of what we signed, deed of trust and also two copies of the right to cancel within 3 days.

Can you find anything in it signed by the lender?

[pg1067]

My wife and I signed. . . .

I haven't see an answer to this relatively simple yes/no question: Do you have any documentation signed by an authorized representative of the lender that you believe constitutes an unconditional commitment to give a loan (or a conditional commitment where you believe all conditions have been met)? If so, please describe that document and provide relevant details.

[camel1971]

No, I do not have anything signed by the lender, just the forms left at closing. I don't think I've ever walked away with something signed by the lender.

[PayrolGuy]

No, I do not have anything signed by the lender, just the forms left at closing. I don't think I've ever walked away with something signed by the lender.

Then you likely don't have a binding commitment from the lender.

Have you talked to the lender?

[pg1067]

No, I do not have anything signed by the lender, just the forms left at closing. I don't think I've ever walked away with something signed by the lender.

Then you likely have no recourse to force the lender to give you a loan at all, much less on any particular timetable.