I applied for a mortgage at a very good rate on March 20, 2009. The rate lock expired on May 19, 2009.One week before the expiration the broker informed me that he had just found out about my home equity line of credit,which is with his thrift institution. I wanted to subordinate it to my new mortgage because the rate is at prime but he told me it could not be done in time to close and said he could not get an extension. I agreed to close it and scheduled my closing for noon, May 18,2009. The morning of the closing I was called and told the closing was cancelled and my broker was trying to get an extension. I thought it had to do with the HELOC. At 6 pm, the broker called and said that I or my condo assoc. needed to buy $59,500 worth of flood insurance. The assoc. has $250,000 of flood insurance for 5 units. On the 19th I spoke to the association's insurance agent and National Flood Insurance and got prices to purchase it myself. I emailed my broker to find out what deductible is allowable and he said the rate had expired. I think their practices are unfair and/or deceptive. Their incompetence created this problem. They had 2 months and hit me with demands less than 24 hours to expiration. This could be seen as bait and switch in trying to get me to higher rates in both the Heloc and the refinance. To be fair they should have given me more time to figure out the flood insurance problem. I've missed out on 2 months of lower rates with other lenders. Should I file a complaint with the Office of Thrift Supervision, send a 93A demand letter or both? I think they owe me at least the agreed upon rate.
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Editor's Response
Sometimes these fact patterns become a bit complicated, so it is difficult to give a helpful answer in this format. I have two suggestions, however. You could try calling the MA Division of Banks at 617-956-1501. Explain your situation and see what they make of it. Perhaps, depending on what they tell you, a 93A demand letter may not be a bad idea. The beauty of the 93A letter is that is forces the recipient to respond to the complaint you have outlined in the letter. If they do not, they run the risk of exposing themselves to triple damages. Depending on the amount of money you have actually lost (or will lose, depending on the rate and terms you eventually secure) you might also think about contacting an attorney who does consumer protection work. Good luck, and please tell your friends about The Forum.