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#2187588 - 08/01/18 04:23 PM Locked Wrong Rate
clinds Offline
Member
Joined: Sep 2017
Posts: 66
We have an MLO who locked the wrong rate, a rate lower than the one intended. Additionally, a larger credit was provided due to the LO intending on the higher rate. The customer has signed all documents and the LO has now realized their mistake. I think this is something we are going to have to just eat and take the disclosure as our, however, I am trying to assist in finding a solution. Can we do a changed circumstance - revisions requested by customer if the customer puts down in writing they understand the error and agree to the changes? We could let the rate lock expire but I am unsure if the borrower wants to wait for that to occur.

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Lending Compliance
#2187599 - 08/01/18 04:52 PM Re: Locked Wrong Rate clinds
Truffle Royale Offline

10K Club
Joined: Jul 2003
Posts: 17,400
A contract has been signed.
You're done.
What borrower is going to agree to pay the price for your MLO's mistake?
It's unfortunate but the bank is going to have to eat this one. Hopefully it's not that big of a hit.

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#2187600 - 08/01/18 04:57 PM Re: Locked Wrong Rate clinds
clinds Offline
Member
Joined: Sep 2017
Posts: 66
The customer has signed all initial documents, we have not closed or proceeded to closing. I agree it is not likely that the borrower will agree to this but the MLO thinks the borrower will. I did not know if we could get it in writing from the borrower that they understand the error and then treat that as a revised changed circumstance requested by the borrower.

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#2187621 - 08/01/18 06:21 PM Re: Locked Wrong Rate clinds
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 83,364
Galveston, TX
This does not appear to have anything to do with the borrower. An error on a lender/investor lock is the lender's problem.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2187633 - 08/01/18 06:50 PM Re: Locked Wrong Rate clinds
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,530
Bloomington, IN
An error on a lender/investor lock is the lender's problem.

What Randy said. A bank error is never a legitimate cause for a changed circumstance.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#2187655 - 08/01/18 07:34 PM Re: Locked Wrong Rate clinds
clinds Offline
Member
Joined: Sep 2017
Posts: 66
Thanks all, that is what I figured and have relayed to the MLO, that this was an error that the bank would just have to accept and move on.

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#2188036 - 08/03/18 08:45 PM Re: Locked Wrong Rate clinds
Monster Offline
Platinum Poster
Joined: Sep 2015
Posts: 500
We just had this same scenario the other day - glad to see we made the right call. Thanks BOL!

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