Legal Question in Real Estate Law in New Jersey

Question About Locked In Interest Rates

I had refinanced my home. The mortgage broker sent me paperwork to sign to lock in my interest rate. I closed approx. 1 month later and the interest rate had changed. Once I was locked in, can they change the rate? I was informed that it was because the guidelines changed for refinancing to pay off a bankruptcy. But I was under the impression that once the rate was locked in, that was the rate that it should be. This incident cost me close to a 10,000 difference in the money I was getting back. Can something be done about this?


Asked on 8/04/05, 2:33 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Question About Locked In Interest Rates

I have unfortunately seen many shady, unfair actions by mortgage brokers which costs the borrower (you) a lot a money. This happens most often with people who have bad credit, including filing bankruptcy. It is especially unfair because these are the people who can not afford to lose that money. Please contact me. I can not advise you without the specific facts. I am in northern New Jersey, near Paterson.

Phone: 973-890-0400

Read more
Answered on 8/04/05, 3:00 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Question About Locked In Interest Rates

I concur with Bob, but add the following, subject to the disclaimer below. If, at the time you submitted the application, full and complete disclosure was made, including all adverse financial information that might impact on a rate (like your bankruptcy) and the lock-in agreement had no contingencies(for example, they had not received your credit report when they submitted the lock-in and made the rate reflected in the agreement contingent on a report containing no adverse information other than that which you had already disclosed), it appears there is a valid agreement at the rate mentioned and they could be held to it. This answer is not a legal opinion as I have not reviewed any documents nor was I privy to any of the conversations between you and the mortgage company. You cannot rely upon my comments as there is no attorney-client relationship between us.

Read more
Answered on 8/04/05, 3:57 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New Jersey