Consumer complaint received 2023-03-27
Company: TAYLOR MORRISON HOME FUNDING, INC.
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
We started a process to purchase a home through Taylor Morrison Home Founding XX/XX/XXXX. The realtor that took us there was XXXX XXXX and the representative of Taylor Morrison Home founding is XXXX XXXX. We agreed to purchase property located at XXXX XXXX XXXX XXXX. XXXX XXXX XXXX NV XXXX. There was a downpayment made for earnest money in the amount of XXXX XXXX XXXX dollars split in 3 different payments. A few days after I was contacted by XXXX XXXX loan officer for Taylor Morrison Home Founding via email and telephone. I provided to XXXX XXXX tax statements, paystubs and social security number to run my credit for loan approval through Taylor Morrison Home Founding. A few days later I was again contacted by XXXX XXXX XXXX XXXX giving me the bad news that I did not qualify for the loan to purchase the property. Almost immediately I contacted XXXX XXXX to notify her of the bad news and she told me she would contact XXXX XXXX to find out what exactly was happening and would get back to me. 
I received no call back from XXXX, so during the mean time I continued to reach out to XXXX but was again notified that there was nothing he could do but I did not qualify for a loan through Taylor Morrison Home founding. I was only notified via phone and never received a Denied Notice or Adverse Notice or anything that said I did not qualify in writing. I reached out to XXXX to request the refund of the XXXX XXXX XXXX dollars given at the beginning of the process. I reached out to XXXX via text messages, phone calls and emails almost every time with no answer. 
XXXX XXXX days had gone by and still had not received any notices from Taylor Morrison Home Founding about my refund. Our Realtor XXXX XXXX refers me to a company where loan officer XXXX XXXX tried helping XXXX qualify for a loan through a third party lender, I provided all my information again and a few days later was notified that we did not qualify through the either. I kept in contact with XXXX XXXX to obtain my refund and was notified that I would not be receiving my money back because I chose to go through a third party lender. 
On XX/XX/XXXX I finally received an email from XXXX XXXX stating the above mention details regarding my refund. In the email it states that the company would not be returning the earnest money deposit and they had agreed to hold the money and would honor the deposit if we decided to move forward with the purchase within the next 6 months.

My wife and I did not want to lose the earnest money so we decided to move forward with the purchase and comply with the requirements asked by the company for I could qualify for a loan through Taylor Morrison Home Founding again. Once again on XX/XX/XXXX We signed and amendment to purchase agreement with XXXX XXXX, The Price of the house was adjusted, XXXX also mentioned that it would be better if a Spanish speaking loan officer would contact us so that we could understand each other better. I was contacted by XXXX XXXX via email, so I reached out to him via phone call to ask him if they had received documents sent by me to initiate the process and he notified me that yes they had received them but I was going to be contacted by a Spanish speaking loan officer named XXXX XXXX XXXX, that he had already sent her an email to reach out to me but I had to reach out to XXXX XXXX on XX/XX/XXXX to let her know that no one had gotten in contact with me yet so she sent me XXXX XXXX XXXX contact information so that I could reach out her. I called her and left a message asking her to get in contact with me and she reached out to me XX/XX/XXXX. She asked me what I needed so I explained to her that I was notified by XXXX XXXX and XXXX XXXX she was going to be my new loan XXXX because she spoke Spanish and we would understand each other better. XXXX XXXX XXXX notified me that she was never notified that my filed assigned to her so I would have to reach back out to XXXX XXXX because she could not help just like that and that she wasnt qualified to assist clients in Nevada, I tried to contact XXXX XXXX via telephone with no answer but I was able to leave a message. XXXX XXXX never returned my call to message, but I was contacted by XXXX XXXX XXXX the following day and she notified me that she was taking over my application and that there had been something with a system that didnt recognized her and did not allow her to confirm if she could help clients in Nevada but that she was going to be able to help me after all but that she noticed that I was fluent in English so it was better for her to speak English instead. 
After getting in contact with XXXX I proceeded to provide her with all the necessary information to qualify for the loan through Taylor Morrison Home Founding. 
On XX/XX/XXXX XXXX XXXX XXXX contacted me via telephone and notified me that I did not qualify again for the loan through Taylor Morisson Home Founding even after providing all the information required by the company, I asked her why I did not qualify and she informed because I did not meet the income requirement and that she was sorry but there was nothing she could do for me. On XX/XX/XXXX I reached out to XXXX via email to ask her to provide me a Denied Notice or Adverse Notice and she responded the same day Via email notifying me that a pre-qualification does not require and adverse action and that only files that go to the underwriting department require and adverse action and to refer to my other lender that initially provided a decision from underwriting on my loan application. On the conversation I had with XXXX XXXX XXXX on XX/XX/XXXX she explained that she would reach out to XXXX XXXX and explain to her what was going on. On XX/XX/XXXX XXXX also responded to an email I sent her asking her for written notification of the Denial of my approval, In which she sated that she would look into what is going on. 
Its been more than a year since this whole process was initiated and the company Taylor Morrison Home Founding is still refusing to issue me a refund on the money given as down payment at the beginning of this process. To the company it might be a large sum of money but to me it represents years of hard work in this country. I am not asking for any thing more or less that isnt mine, I am simply requesting to be refunded my hard earned money after I was denied the loan from the beginning. I find it highly unfair that the company is not being responsible for their actions and mistakes. My intentions from the beginning were to purchase the property and I understand that if did not qualify it was not possible, but I do not find it just that the company is deciding to keep the money that I worked so hard to earn.

Company response to consumer: Closed with explanation