Consumer complaint received 2023-03-09
Company: Lennar Financial Services, LLC
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
In late XXXX of XXXX, my partner and I were looking at homes, and we came across a community that Lennar was building in XXXX, California that is called Lennar at XXXX. We were thinking of potentially getting a home there, and met with them to ask questions ; we met with the home sales agent, who told us about the area, the units available, and what each offered. There was one that had two parking spaces, and the sales agent said that was one of the only 2bed-2bath units with 2 parking spots. He told us that we need to get everything signed and money sent ASAP, else another party could come in at any time and hold the unit for themselves if we were not fast enought. 

In the first week of XXXX, the sales agent sent us sign some paperwork, and the sales agent had me send {$15000.00} to hold the unit to take it off the market. At this time we got a purchase agreement and some other documents -- where they spelled my name wrong, among other things that needed to be corrected -- and were given the information for the mortgage/loan officer that would handle things going forward. As first time homebuyers, I thought it was odd that the sales agent was handling the initial mortgage documents and money transfer, but being inexperienced with this, I assumed this was simply the case. We had very little correspondence with the mortgage/loan officer, and never spoke to them ( it in fact was very difficult to get a hold of him ). At this point, I felt we were pushed to buy, and once we signed things, communication was difficult with the parties handling the financial side. I was told that our mortgage rate would be the market rate, but I never received a document outlining our costs. There were a lot of assumptions put onto us that assumed we already knew what the costs would be and this is a process we were very familiar with. 

In XXXX, the interest rate had gone up by about 2.5 %, which I thought pushed the condo out of affordability, especially with more interest rates possibly on the way. I asked how these rates impacted our affordability, and I was told we still qualify, but never got what the new rate would be or any information relating to costs. I felt that Lennar Mortgage / Lennar Sales was being shady and deceptive with respect to the financial side of things, and I wanted to pull out ; I asked for a return of my deposit. 

I spoke with a supervisor several weeks later -- which took a LOT of follow ups and asking other Lennar staff members to source someone on our behalf -- which I felt was odd. I've never heard of a lender or a group that provided financing to just ignore people like this. It felt like the shady businesses you read about that used these tactics. This person said no, they will not refund the deposit. 

I filed a complaint with the state of California, which required Lennar Mortgage LLC to respond to my complaint within 15 days. They did respond on the final day, and told me that they will not return my deposit. I again asked for costs involved and that I never received them. The lawyer sent me a document that I supposedly signed, however it was a document that in fact did not have my signature, but was one I never saw ; this was the document listing the rate and costs. The lawyer never responded to my questions about why a Lennar sales rep was the one handling mortgage documents and money transfers rather than the assigned mortgage officer, and I felt was intentionally confusing and long-winded about the Lennar Mortgage and Lennar Homes affiliates . As of writing this, I still do not know how a sales agent is qualified to assist home buyers with financial questions and money transfers when we were supposed to have a mortgage officer facilitate and explain this.

I am filing this complaint as the next step, particularly because if there is one document they think I've signed but have not and have never seen, there must be more. I am concerned there are gaps in compliance, or downright fraud if they mark a document as signed when it in fact has not been. I am also concerned that they have sales people performing tasks on behalf of mortgage officers. Overall, it feels as if they do not perform their due diligence and are someone deceptive by omission of information.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation