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#1966564 - 10/02/14 05:45 PM Rate Lock Extension Fee
Soccer Offline
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Joined: Jan 2010
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Utopia
iii) The borrower does not proceed to closing quickly upon final approval or does not act diligently in providing information to the lender.
A: The particular facts of each situation must be examined to determine if the facts constitute a changed circumstance.

Above is from FAQ's, very gray to me.. Is the charging of a rate lock extension fee a changed circumstance? The customer is provided notice of this fee in the commitment letter and the rate lock expiration letter.
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#1966568 - 10/02/14 05:59 PM Re: Rate Lock Extension Fee Soccer
#Just Jay Online
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#Just Jay
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I think it can be, if the delay in a timely closing can be tied to the borrower.

For example, IMO only, closing is delayed because the appraiser took their sweet time to schedule and complete the appraisal, then no, that is the bank's issue for having a lackluster appraiser. If the borrower failed to get back to the appraiser to schedule an appointment in a timely manner, or the borrower made it difficult in anyway to get the appraiser into their home in a timely manner, then I say it is the borrower's fault for the delay, and could be a valid changed circumstance.

As the FAQs state. "The particular facts of each situation must be examined to determine if the facts constitute a changed circumstance." smile
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#1966569 - 10/02/14 06:03 PM Re: Rate Lock Extension Fee Soccer
Soccer Offline
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Joined: Jan 2010
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Thanks Just Jay, I think you have just made it very clear to me.
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#1966570 - 10/02/14 06:04 PM Re: Rate Lock Extension Fee Soccer
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Originally Posted By: Soccer
iii) The borrower does not proceed to closing quickly upon final approval or does not act diligently in providing information to the lender.
A: The particular facts of each situation must be examined to determine if the facts constitute a changed circumstance.

Above is from FAQ's, very gray to me.. Is the charging of a rate lock extension fee a changed circumstance?No. The changed circumstance is something that causes a fee change, not the fee change itself. As Jay states above, the REASON you needed an extension is your changed circumstance. The customer is provided notice of this fee in the commitment letter and the rate lock expiration letter.

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