Legal Question in Consumer Law in Pennsylvania

I made a phone inquiry about refinancing my loan to my current mortgage co. I was told there would be a $500 cancellation fee if my home did not appraise for enough to cover current balances. Stated I needed to confer with my spouse. Called back to inform mort lender that decided against the loan due to concern of home value. Received notification that they are charging me $500 to cancel this loan. I have not signed a single document and no appraisal was ever conducted on our home. Am I obligated to pay this "fee"? I requested copies of all my recorded phone conversations and was told that I could not have them


Asked on 7/13/10, 4:07 pm

1 Answer from Attorneys

Something does not seem right here. Was the appraisal ever done? Did the lender begin to inititate the loan process? I can see that the lender would be entitled to receive SOMETHING if they began the process. Just because the loan does not close does not mean that people did not get the paperwork rolling. $500 seems a bit steep though.

It never ever hurts to ask if you want relief. Your mortgage company will not talk to me or any other attorney absent written authorization. What I would do is send a certified letter using this format - explain the problem and what was said, dates, times who you talked to and any relevant information. Explain what happened and what you want to be done. If the time was very short between initiation of the call and contacting the lender to cancel the transaction, then the lender should not be entitled to anything.

You will need to do your homework before you send the letter. Every lender has a website. Find the corporate address for the lender. Then find a list of people at the company (could be under the heading of ley executives or corporate management) and see who best is involved in customer service or who is responsible for home mortgages. That is the person that you want to contact. If you are totally stuck, try the BBB and get the name of a contact person. Send the letter certified. If your request is reasonable, the lender may be willing to waive all or part of the fee.

And the mortgage company does not have to give you a transcript of your phone calls absent a subpoena. To get a subpoena, you first have to file a lawsuit. Are you going to do that? The answer is no. You do not need the transcripts at this juncture. You can summarize the conversations in your letter as best as you can recall. If the mortgage company keeps records of the conversations, they can review them if they need to do so.

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Answered on 7/13/10, 8:41 pm


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