Consumer complaint received 2019-04-04
Company: CITIZENS FINANCIAL GROUP, INC.
State: PA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Closing on a mortgage

Complaint:
Citizens One Home Loans, XXXX XXXX XXXX, Mailstop XXXX, XXXX, RI XXXX, phone XXXX and fax XXXX ( hereinafter Citizens One ), failed to provide a mortgage loan for our closing on XX/XX/XXXX, the day before closing on XX/XX/XXXX and after providing a Closing Disclosure with a loan Disbursement Date of XX/XX/XXXX on XX/XX/XXXX. Their reason was that they had not received a determination that the possible mold was not toxic or remediation performed as cited on the inspection report and buyer 's inspection reply, which was not a part of the fully executed addendum and sales agreement between the buyers and sellers. 

Citizens One was provided with the fully executed sales agreement to purchase XXXX XXXX XXXX, XXXX PA XXXX by XXXX XXXX XXXX and XXXX XXXX XXXX, Buyers, and XXXX XXXX XXXX  XXXX and XXXX XXXX, Sellers on XX/XX/XXXX. They were also provided with the inspection report completed on the home by the buyers on XX/XX/XXXX and the initial repair addendum request on XX/XX/XXXX. The fully executed repair addendum by the sellers and buyers was transmitted on XX/XX/XXXX. Citizens One issued issued a commitment to provide us with a mortgage on XX/XX/XXXX, which was transmitted to the seller 's on XX/XX/XXXX. 

On XX/XX/XXXX, Citizens One issued a second commitment. The second commitment created a unilateral quasi contract between the borrower and the lender to perform all of the repairs that the seller did not agree or accept to perform. The buyers objected to such a request in writing and adamantly stated that any repairs on the seller 's property would only be performed after the transfer of ownership. The initial commitment dated XX/XX/XXXX and sent to the sellers to satisfy our contractual commitment date of XX/XX/XXXX did not cite any of the subsequent repairs for the sellers and the buyers. Although we, the buyers, stated in writing that we would not make any repairs on a home that we do not yet own and did not secure the seller 's permission to performance to do the same making their home unsaleable unless remediation performed, Citizens One continued an allusion of the buyers being approved for the loan, but on a rolling and never ending need for underwriting basis and forwarded closing disclosures so that we would have enough funds, which also lead us to sign the second commitment on XX/XX/XXXX as a confirmation that we had the mortgage and satisfied the quasi contract. The allusion or false expectation created unnecessary expenses on the part of the buyers that includes escrow funds of {$1000.00} paid on XX/XX/XXXX XXXX prepaid appraisal fee paid of {$630.00} paid on XX/XX/XXXX, and title closing services of {$1600.00} due. 

On XX/XX/XXXX, Citizens One verbally informed buyer XXXX XXXX XXXX through communication with Closing Representative XXXX XXXX XXXX that the loan could not be underwritten without mold remediation, but could not definitively and conclusively provide that as a final end to the underwriting and would offer a discount of the fees paid if we complied. She then reached out to the seller 's agent on XX/XX/XXXX asking if they would cure the unilateral demands and seller 's agent informed her that they knew nothing about such an agreement for inspection and remediation and again refused to perform it. They did only offer to open up an extended closing deadline by sending a blank agreement addendum for the buyers, which we have refused to sign to protect us from further harm of any claims to make the sellers and property whole.

Company response to consumer: Closed with monetary relief