Provident Funding Mortgage Complaint

Provident Funding Mortgage department,

Conventional fixed mortgage Application, originator, mortgage broker Texas

The lender quoted me the estimated settlement or closing costs '' and their credit '' that they would apply to those costs, and sent me a Good Faith Estimate. They quoted an interest rate of 3.875 and credits of $2100.00. They did tell me that until my Home Equity Line of Credit lender signed their Subordination Agreement, that they could not lock in the interest rate that they quoted me. They said nothing, however, about doing away with or changing the credits against the closing costs. I checked the document that I signed and see no language about the credits against the closing costs being subject to change. Here is the language :


Once the Subordination Agreement is received and approved by Provident Funding, I can lock an interest rate, subject to current market rates and pricing ''. Nothing is stated about the closing cost credits being subject to change. First off, I see no reason for the lender being unwilling to lock in the rate while waiting for the Subordination Agreement, and making the rates conditional upon the receipt of that Agreement, but they were unwilling to do that. I was unaware, however, that the credits against the settlement charges were subject to change as well - that seems unfair to the consumer. Here 's why - if the credits go away or are substantially changed when the lender is finally willing to lock in the rates, the borrower is stuck with the out of pocket expense of the Appraisal - which in my case was $470.00. That 's a lot of money to the average consumer! So now, if I 'm not happy with the new bait and switch '' rates and credits that the company is now quoting, I have no choice but to be stuck with the out of pocket expense of $470.00 - which I have been informed by several mortgage lenders is not transferrable to another lender! I have to pay that money all over again. They have me backed up against the wall and seem to be able to quote anything they want at this point! How is this legal and fair?