Consumer complaint received 2020-11-21
Company: Geneva Financial, LLC, Chandler, AZ Branch
State: CA
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
The purpose of this email is to request that you investigate Geneva Financial , LLC regarding the processing of a conventional loan that I applied for and was supposed to close on yesterday, Friday, XX/XX/2020. The corporate address for Geneva Financial , LLC, is XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, AZ XXXX, its NMLS # is XXXX, its BK # is XXXX, and its MA Lender # is XXXX, but this matter specifically concerns its XXXX branch. 

For background, I locked my interest rate at 2.625 % with XXXX XXXX ( NMLS # XXXX ) for a conventional loan on XX/XX/2020, but he is now attempting to anticipatorily repudiate that agreement and change the terms of my loan agreement unilaterally despite the effective loan estimate dated XX/XX/2020, that is still in place. There are a number of material differences between what's on the XXXX for the conventional loan, which is still binding until XX/XX/2020, has a XXXX interest rate, whereas the new rate that XXXX XXXX ( NMLS # XXXX ) offered was 3.625 % with a cost of " XXXX point ( investment prop hit ) plus fees total cost is {$9600.00} '' that he sent to me via email on XX/XX/2020. It should be noted that XXXX XXXX ( NMLS # XXXX ) was responsible for my VA refinance dated XX/XX/2020, yet he pushed me to try to pursue a VA home loan even though I had made it clear that I didn't intend to move from my current XXXX. This fact is reflected in the loan estimate dated XX/XX/2020. In addition, as further evidence of my intention to rent the subject of this mortgage application ( Loan ID Number XXXX ), I have also attached a copy of the signed lease agreement to rent XXXX XXXX, which I have always maintained would be the property would be an investment property, not my primary residence or owner-occupied property. 

On XX/XX/2020, XX/XX/2020, XX/XX/2020, and XX/XX/2020, I requested that Geneva Financial, honor the terms of the XX/XX/2020, loan estimate, which mandates a 2.625 % interest rate and estimated {$22000.00} estimated cash to close by contacting XXXX XXXX ( NMLS # XXXX ) branch manager for his office, and presumed supervisor, XXXX XXXX ( NMLS # XXXX ). As I intend to finalize this contract and move forward with the purchase of the property located at XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, CA XXXX, I requested that XXXX XXXX ( NMLS # XXXX ) and XXXX XXXX ( NMLS # XXXX ), inform me if Geneva Financial , LLC, would adhere to the terms as stated in the loan estimate dated XX/XX/2020, and not the terms that he cited to in his XX/XX/2020, email addressed to me, but neither man provided a clear answer nor did they take action to complete the transaction in a timely manner in accordance with the Loan Estimate terms from the XX/XX/2020, agreement. 

Please contact me as Geneva Financial , LLC, failed to perform and the closing date for the property located at XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, CA XXXX, passed yesterday on XX/XX/2020. Nevertheless, I fully intend to complete the transaction with another loan officer and lender, but would like for the actions of XXXX XXXX ( NMLS # XXXX ), XXXX XXXX ( NMLS # XXXX ), and Geneva Financial , LLC, at-large to be investigated for potential mortgage fraud and unscrupulous business practices. I would also like to discuss possible legal action related to XXXX XXXX XXXX ( NMLS # XXXX ) flagrant breach of contract and unilateral change of material terms, which I don't accept and would only proceed with under duress and/or coercion. I want to state unequivocally for the record that I never agreed to the terms of XXXX XXXX XXXX ( NMLS # XXXX ) XX/XX/2020, email, yet I felt pressured to move forward with his change of terms provided in his email dated XX/XX/2020, as well as to engage in mortgage fraud by falsely stating that I would be using XXXX XXXX as my primary residence even though XXXX XXXX ( NMLS # XXXX ) knew that I just refinanced my current condo under my VA XXXX loan entitlement at XXXX XXXX in the same building on XX/XX/2020, and I wasn't planning to move to XXXX XXXX after purchase.

Company response to consumer: Closed with explanation