Consumer complaint received 2020-10-28
Company: TOTAL MORTGAGE SERVICES LLC
State: NJ
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
I applied for a mortgage with Total Mortgage on XX/XX/XXXX and got a pre-approval on XX/XX/XXXX. I signed a contract to purchase a house thereafter. I reached out to Total Mortgage to let them know about the process the whole time. I got an initial disclosures on XX/XX/XXXX and signed it the same day. I got a mortgage approval XXXX, on that same day I got a comment letter, which I signed right away. The commitment letter specified the terms and I agreed to them. Little did I know, on XX/XX/XXXX I got an email prompting me to sign a revised initial disclosures out of the blue, which mentioned I agreed to a change of circumstance and 2 discount points ( {$8700.00} ) were added to the mortgage. I didnt sign it. I reached out to both the loan originator and loan processor right away to voice my concern and I was told by the Loan Officer, XXXX XXXX, that its a system update and that will be taken care of. This is all documented by emails and I specifically said I didnt want any discount points and my circumstance didnt change ( I didnt get any new credit, change jobs, or made any major purchase, etc ). Three days later I kept getting email notifications to sign that revised initial disclosures. Again, I didnt sign it and I contacted the loan officer again, who wrote back DISREGARD. Do not sign. Two weeks later, the week we are scheduled to close and the appraisal result had come back ( after 16 days ) above purchase price and the title work are completed, I got a final disclosures with the same discount points I didnt agree to and never signed. I called the loan officer again who then told me, he just found out that my loan was changed from XXXX XXXX to XXXX XXXX and thats why the points were added then. Somehow for 3 weeks no one seemed to care to explain that to me, and I was even told repeatedly that he was a system error but now 3 days before closing Im learning this isnt an error after all. 

My lawyer reached out to them, since this is in direct violation of the loan terms mentioned in the commitment letter ( and the loan estimates ) and my circumstance DID NOT change, they refused to have a civilized conversation with my lawyer. I understand the loan interest rate is floating until locked, but this isnt the case. They slightly decreased the interest rate mentioned in the commitment letter and loan estimates ( from 3.25 to 3.0 ) just to be able to add the exorbitant discount points I didnt ask for, nor was ever discussed with me by the loan officer. After many back and forth, they promised to update the loan terms to the original plan, and confirmed that by email. But we are just 2 days before closing and that still hasnt happened yet. Im still being told my file isnt clear to close yet, after I was told everything should be approved 2 days ago. Obviously, with their assumption that I would just sign the final disclosures as is, weeks after I discussed that issue with them. 

Im worried that we wont close on time, if at all, and might lost that house. Closing should have happened weeks ago, and has been delayed by them. I provided all the required documentation and everything else requested from me right away. I got pre-approved 2 months ago with the same credit profile, theres nothing new or out of the ordinary. They seem to be trying to change things up on me at the last second, which is illegal, using a change of circumstance as an excuse. I will not agree to $ XXXX more in closing costs when that was not in the original terms and my circumstance didnt change.

Company response to consumer: Closed with explanation