Consumer complaint received 2021-01-25
Company: Lennar Financial Services, LLC
State: FL
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage

Complaint:
On XX/XX/XXXX, I signed a new home contract agreement with Lennar 's community XXXX XXXX XXXX XXXX XXXX. XXXX, FL. I live in New York at the moment. 

I was offered the incentive of {$22000.00} using their preferred lender XXXX XXXX so I applied on XX/XX/XXXX. 

I signed the sales contract and received the executed contract back from Lennar on XX/XX/XXXX, but was executed by the VP of XXXX on XX/XX/XXXX. 

I recently had XXXX XXXX on XX/XX/XXXX, prior to signing the sales contract and ended up in the hospital due to slight complications. I haven't heard from the lender since I applied for the loan application at this point. On XX/XX/XXXX, my realtor reached out to the loan officer working on my application to advise I haven't heard anything. The loan officer replied the same day stating he left me a voicemail because he has some questions he needed answered. He had a concern with my employment, XXXX XXXX advised I was not an active employee. My agent advised I was on medical leave at the moment which is a possibility why I was not showing as an active employee. The loan officer asked if I was transferring down to FL for employment and my realtor responded she was unsure but I was planning on relocating around XXXX or XX/XX/XXXX. On XX/XX/XXXX, my realtor emailed the loan officer on my behalf asking for him to reach out to me ( I was released from hospital at this point ) to further discuss my employment status. 

On XX/XX/XXXX, my agent reached out to the XXXX XXXX XXXX agent to confirm he received the full deposit ( {$13000.00} ) for the home I was purchasing to which he confirmed receipt. My realtor also advised the sales agent, that I haven't heard from the loan officer since she last spoke with him on XX/XX/XXXX. The sales agent advised me to have some patience as the lender has 438 closings in the next 10 days. ( So my application got put to the side. ) On XX/XX/XXXX, my realtor reached out to the sales agent to ask if we were within the 30 day Mortgage Contingency period since I had yet to speak with the loan officer. The sales agent stated the Mortgage Contingency is until the end of the month. The sales agent stated should I not receive a conditional approval by the end of the month, he would put in a request for a 30 day extension. On XX/XX/XXXX, my realtor texted the sales agent to remind him of the mortgage extension request. I received the conditional approval on XX/XX/XXXX. 

I finally was in contact with the loan officer on XX/XX/XXXX. My realtor sent him an email ( I added her and my daughter as authorized persons to discuss my loan application since I am out of town and barely have access to a computer ) on XX/XX/XXXX, letting him know I was gathering the documents needed for a final loan approval. On XX/XX/XXXX, I had my realtor upload my documents to the XXXX XX/XX/XXXX portal. The loan officer had some questions with regards to my work history, income and my plan on retiring ( I am being offered early retirement from my employer ). On XX/XX/XXXX, I had my realtor upload my signed letters clarifying I am not transferring jobs from NY to FL, I am on medical leave at the moment, I am only receiving workers compensation and what my estimated monthly payment would be from Social Security Income and pension when I retire. I did not hear back from the loan officer regarding the submitted documents or whether my loan will be approved or denied. 

On XX/XX/XXXX, I received an email from the title coordinator at Lennar advising my closing date as XX/XX/XXXX, but advising she has not received my final closing documents from the lender and was unable to set closing time until she had the final loan approval. 

On XX/XX/XXXX, the loan officer reached out to me requesting award letters from SSI and pension because my short term disability isn't enough income. His loan processor reached back out to me the same day asking for more documents and giving me until XX/XX/XXXX to submit them. However, I am only in the process of applying for retirement as I have told him prior and it can take several months before I am approved. Why didn't he deny my loan application due to insufficient income as he stated in his email and not receiving the additional documents on XX/XX/XXXX ( which by the way was not enough time to gather everything she was asking for ). 

Lennar cancelled my contract on XX/XX/XXXX. My realtor has tried communicating all of this with Lennar 's VP of Sales, but she continues to insist the retention is valid ( per XXXX XXXX of the contract ) due to my failure to obtain a mortgage for the home within the mortgage contingency period. How could I obtain a conditional approval on the XXXX day ( XX/XX/XXXX ) of the mortgage contingency, have barely any communication with the loan officer as to what is actually needed to finalize my loan review until XX/XX/XXXX and give me until XX/XX/XXXX to comply? 

However, until this day I have yet to receive a final approval or denial and Lennar cancelled my sales contract and is requesting to retain my deposit. I refuse to sign off on their request because I never received a loan approval/commitment per their sales contract, the loan officer was advised I was only receiving workers compensation, I missed the deadline ( XX/XX/XXXX ) to submit all the other requested items and I never received a closing disclosure prior to the scheduled closing date of XX/XX/XXXX. That is a violation of TILA. 

Please provide any assistance you can. Thank you!

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