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#173244 - 03/24/04 09:13 PM HELOC Closing Costs Changed After Closing?
Lavender Offline
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Lavender
Joined: Jun 2003
Posts: 335
Is it acceptable (probably not great business) for a client's HELOC closing costs to increase by about $300 after signing the closing docs and having them notarized and sent them back. They are now asking her to sign closing docs agreeing to the increase in costs ... and are using the "error and omissions/compliance agreement" to counter her argument.

Thoughts?

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#173245 - 03/24/04 09:21 PM Re: HELOC Closing Costs Changed After Closing?
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,368
Galveston, TX
Ever heard of "bait and switch"?? I would look to see who's fault this was. If it wasn't the customers, I wouldn't be going to them for the money. Look to your closing instructions (as I take this was closed outside of the bank). If the closing agent messed-up, your closing agreement should make them liable. If the bank messed up - chalk it up to an operations loss and review your control proceedures.

RANT WARNING

By the way, I love those errors and omission statements that I have to sign. I would really like to see one of those enforced in a court of law when it came to a sitation like this. Talk about a reason to invoke a delayed right of rescission.

What ever happened to the sign an agreement and be bound by what you sign? The customer isn't allowed such a luxury
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#173246 - 03/24/04 09:40 PM Re: HELOC Closing Costs Changed After Closing?
redsfan Offline
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redsfan
Joined: Dec 2000
Posts: 3,455
The Pennant Race
My response would be "see you in court." And I think I would win. You cannot use the errors and omissions agreement to change the cost of the loan that way. Randy's comments are well taken.
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The opinions expressed here are personal and do not represent opinions of my employer.

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