Skip to main content

Unfair and deceptive practice by a thrift institution in a mortgage refinancing

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.

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.

Talk to a Lawyer Today
Find a Consumer Protection Attorney in your County
Most offer FREE Consultations

Recent Posts about Massachusetts Laws

ForumLast post
I have a lease until June 2012, but I am very unhappy with my living situation, I pay half of the rent. I am a....
I cannot answer this question based upon your statement. Who are they....
2/8/2012 11:00
by Alexm2012
Is it legal for Massachusetts employer to send a SALARIED employee home for the day, without pay, for a dress ....
Federal and Massachusetts courts have upheld employee dress codes as l....
2/8/2012 09:09
by Munsterwoman
Hi, I'm the grandmother of 4 beautiful grandchildren. The oldest has hit a rough spot with defiance (puberty ....
I'm very sorry about your situation and the ordeal your family is goin....
2/7/2012 23:02
by gramy
Hello. I'm in the middle of an appeal for SSDI and my attorney asked me to get a residual functional capacity....
First, I guess it's not a good sign that you do not trust your current....
2/7/2012 08:18
by Adam13
Hi everybody. I am trying to make an offer on a house, which is an estate sale. As I understand, the execut....
2/6/2012 13:50
by ilya980
I've been helping a friend pay for a lawyer to go to probate court. Her ex-Boyfriend, whom she is taking to c....
2/6/2012 12:21
by rbiddle
If I witness a person getting beat up at a party and just run away without calling the cops or helping the guy....
I don't think so.  In terms of civil liability (as opposed to cri....
2/3/2012 07:17
by Coller
My father passed away in September. The probate is over and settled, no contests to the will. My mother is the....
Your dad died in September and the probate is already settled – ....
2/2/2012 18:50
by JGraul
Hi. My cousin is charged with possession with intent to distribute drugs in a Massachusetts court. He is not a....
Unfortunately for your cousin, if an immigrant is convicted of certain....
2/2/2012 08:07
by Sister6
Just curious if you have any thoughts or have read any information regarding the success rate of divorce media....
Yes, I've also seen the 90% estimate on various websites, with some me....
1/24/2012 11:47
by RRM
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
10/2/2011 18:37
by Anonymous