Consumer complaint received 2021-04-12
Company: Fairway Independent Mortgage Corporation
State: TN
Product: Mortgage
Sub-product: Other type of mortgage
Issue: Closing on a mortgage

Complaint:
Hello, I'm writing this complaint to inform the Fairway Mortgage company of unethical and possibly illegal activities by one of their loan officers. 

The loan officer in question is XXXX XXXX XXXX, who works for the XXXX XXXX XXXX, out of California. This loan officer works out of Tennessee, and provides service in the middle Tennessee area of operations. 

For the sake of not sounding redundant, XXXX XXXX will be referred to as L.O. for loan officer.

L.O. asks me back in the beginning of XXXX, 2020 if I knew of anyone willing to buy her place of residence, this was asked in a casual setting, at her home, over lunch. One of my associates was also present at the time of discussion. I informed L.O. that I had no one who qualified for her home at the time. Some time goes by and she asked me to hep her with an open house, so I obliged. I spent personal funds assisting with her open house.

After the open house, L.O. asks me if im sure that I have no one that qualifies for her home, which I replied that I had no one that qualified but I did have someone looking to lease purchase. I will refer to this person looking to lease as my client. 

XXXX asked me to send my client over to look at her home, and I obliged. I sent my client the address to L.O. 's home and she goes by and takes a look at the outside of the home and neighborhood. This happens in the middle of XXXX. My client did not enter the premises to look inside the home, as she wanted to see the home with her husband. 

Later in the day, after my client had driven past the home, she brings her husband and L.O. shows them the home, I was not present as I was showing other homes to other clients/customers. Per my client, L.O. asks if my client if she wants to see if they qualify for a loan for her home. My Client agrees, and the L.O. runs my client 's credit, which is a conflict of interest if it's for her own home.

I have attached an email sent from my client that details what the L.O. had drawn up as a plan to get my client qualified for her home, titled XXXX XXXX. 

A few days pass and the L.O. texts me if my client is still interested in her home, to which I respond with yes, and I call her. attached is the text message dated XX/XX/XXXX.

After I contacted my client, they agreed to do a lease to purchase agreement with the L.O. I wrote the offer, my client signed it and I sent to L.O. via Docusign. She asked me to make a change in the agreement but I notified her that no changes could be made, as my client had already signed the agreement.

L.O. decides to come to my place of residence and hand sign the documents, the agreement was binding, a deposit and first months rent was given to L.O. and my client moved in by XX/XX/XXXX. 

Per my clients, the L.O. requested via text to break the Lease to Purchase Agreement. L.O. States that the Agreement is no longer valid due to my client 's husband not signing the agreement as well. L.O. gives my client 30 days to vacate the premises. L.O tells my client that half of the money that was transacted will be returned via check. The other half would be returned during final walk through of the home for inspection to make sure the home was in good condition. The text message stating the return of half via mail was sent on XX/XX/XXXX. 

My Client agreed, with the condition that all money would be returned. My client vacated the premises by XX/XX/XXXX, and no money has been returned to my client. Text messages have been attached to reflect agreement and conditions of breaking the agreement. 

L.O. has also emailed my broker to spread misinformation about me. L.O. has stated that I manipulated her into this type of transaction, when all I did was offer help and located a possible buyer. L.O. has stated that I am unprofessional, and I will not tolerate lies against my character. I take my profession seriously and do my best to make sure all transactions are handled in professional and legal ways. 

In closing, L.O. has behaved unethically and immorally. L.O. still has yet to return the money promised to my client. My client is not comfortable with L.O. still having access to her information as well as she has lost faith in L.O. performing duties and responsibilities in an ethical, moral, and professional way.

Notes* - Purchase and Sale agreement not able to upload, file is too large. it is available upon request.

-XXXX XXXX was not signed by L.O. She refused to sign. Document sent XX/XX/XXXX. 

-Client submitted a signed testimony via a scanned document in XXXX. Translation available upon request. 

- Text messages in XXXX as well. 

-L.O. also asked me to look for a home for her while she was under contract with my client, we look at several homes, we find one in a new subdivision, which she decides to buy and go under contract. We look at said home while it was under construction 3 separate times for progress reports. L.O. cancels the contract without my knowledge with the listing agent. She refused to let me know due to her issue with my client and breaking the agreement. L.O. still has not made contact with me about these issues. I have tried resolving at the lowest level, but my hand has now been forced.

Company response to consumer: Closed with explanation