Consumer complaint received 2022-06-02
Company: AMERICAN PACIFIC MORTGAGE
State: TN
Product: Mortgage
Sub-product: Conventional home mortgage
Issue: Closing on a mortgage

Complaint:
I had been working with XXXX XXXX at XXXX XXXX XXXX XXXX XXXX XXXXXXXX, TN as my preferred lender for my first-time home purchase in XXXX of XXXX. According to XXXX XXXX, I was approved for the loan up until one day prior to closing, in which, XXXX XXXX had told me I no longer qualified and had to use his buddy XXXX XXXX as a private investor for my loan to close. XXXX XXXX highly encouraged me to close with XXXX XXXX with the understanding that we would refinance 60 days after closing due to the 10 % interest rate. I agreed only due to the 60 day refi. XXXX XXXX did not assist in the refi process until mid XXXX. When I asked XXXX XXXX what was the hold up, he would not give me a firm answer because he knew I would not qualify for the refinance due to my DTI. In speaking with XXXX XXXX, he placed me with XXXX XXXX of XXXX, TN because he was receiving more money for the " origination '' of the loan from XXXX XXXX than he would from the bank he was representing. I expressed to him that this was against RESPA regulations and he agreed that after " 7 or 8 years of doing these transactions with XXXX XXXX '', he would no longer do similar transactions, even though he only received {$400.00} from XXXX XXXX for my loan ( of which I have in writing ). XXXX XXXX also forced me to sign over an $ XXXX refund check to him after the initial closing of the cash purchase of my home. I asked XXXX XXXX for a detailed account of where the $ XXXX was allotted to, which he could not produce. It is my firm belief that he pocketed the $ XXXX that was supposed to have been given to me as a refund for overpayment from the closing. XXXX XXXX also misrepresented the terms of the agreement with XXXX XXXX and would not initially provide a copy of the settlement statement to me. I have documentation of XXXX XXXX admitting to me that he received a " monetary kick back '' from XXXX XXXX for placing my loan with him instead of with the bank as originally planned. I contacted XXXX XXXX XXXX  to get copies of the initial closing estimate and closing disclosure. Upon speaking with XXXX XXXX with Preferred Rate, she let me know that there was no loan ever started by XXXX XXXX for me and the only thing they had on file was my consent to run credit in XX/XX/XXXX and my home address. She asked numerous times how I closed with XXXX XXXX b/c there was absolutely zero record of anything from their side. She also told me that XXXX XXXX had been fired from Preferred Rate for doing shady business dealings as of XX/XX/XXXX ( XXXX XXXX has since moved to XXXX XXXX  in XXXX, TN ). It is my firm belief that XXXX XXXX had zero intention of providing a loan to me, lied about it the whole time up until the day before closing knowing I wouldnt have time to seek a new loan. He also provided information to me that we were good to close and the amounts in which to bring to closing. XXXX XXXX refused to give me the information I needed and answers to my questions and he had every intention of putting me with XXXX XXXX from the beginning so he could make more money from his " cut ''. It is also my firm belief that XXXX XXXX was in on this shady business deal the whole time as well as XXXX XXXX of XXXX XXXX in XXXX, TN. This is completely illegal, and I am requesting that XXXX XXXX XXXX # XXXX be revoked. I have sought an attorney and am in the middle of gathering documents ( of which I have everything in writing ) together to take XXXX XXXX, XXXX XXXX and XXXX XXXX to court in the very near future due to his unacceptable business behavior. I have numerous emails and text messages as documentation that I am able to provide but unable to provide via this form due to the amount of paper trail being in separate email/ text format.

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