Consumer complaint received 2016-05-11
Company: BAY VALLEY MORTGAGE GROUP
State: CA
Product: Mortgage
Sub-product: FHA mortgage
Issue: Application, originator, mortgage broker

Complaint:
I, XXXX XXXX, submitted an offer to purchase the property located on XXXX XXXX XXXX XXXX XXXX, CA XXXX. I was informed by my agent, XXXX XXXX, that if I used their preferred lender I would receive {$5000.00} credit toward my closing cost. After I did the math I realized I was going to be short so I offer {$5000.00} above asking price to get that additional credit from the seller. All thru the transaction I never once spoke with the lender or their representative. All deals were completed thru the real estate agent, XXXX XXXX .While we were completing the loan and the escrow period I would ask final closing amount but never received straight answer from XXXX XXXX . Until I was presented with what I know now to be the final closing documents. I noticed the lender cost were too high and I was not getting the agreed upon credit. I attempted to connect with the lender XXXX XXXX XXXX, XXXX XXXX to express my concerns, XXXX XXXX did respond with an email itemizing the cost and the answer to the discrepancies but never attempted to correct the high cost. I was not given the opportunity to shop for a loan I was told i had to use XXXX XXXX as my lender if I wanted to purchase the property. The problem is that I was never told the cost of my loan until I received the final closing documents and was told to sign them and that the amount I was questioning will be credited at the close of escrow and I would receive a full refund. I refused to continue with the purchase until the errors were corrected. I was told the wire {$12000.00} to escrow when the final escrow estimated requested {$10000.00}, The seller did not credit me {$5000.00} as agreed and neither did the lender credit the {$5000.00} for using him. What is worst the lender cost and escrow cost are not comparable to the industry. The listing agent and the escrow are owned by the same person and the lender is selected by the listing agent. 
Because of the problem of not receiving the credit I was promised, the lender and escrow cost being too high the person donating my down payment refused to continue with the gift .Since I was not able to get the gift from the donor I was not able to continue with the purchase. When I advised the lender, my agent, and escrow, their response was that I was confused and that I had to proceed. 
I was not informed ahead of time the cost of purchasing my home, the cost of doing the loan with Valley View Home Loans, XXXX XXXX, the cost of the escrow and I was asked to send different amounts to escrow from what the documents showed. Also the documents showed my agent XXXX XXXX, was crediting me from her commission, but she requested I give her the money back out side of escrow, which I gave her a personal check and she still has. 
I canceled the escrow because my donor will not continue with the transaction thus not giving the money to purchase the home. 
I am being forced to continue with the purchase or I will be sued for the commissions. 
If the lender would charged the normal fees, credited back what he promised, the escrow charged a standard fee and my agent represented me I would not have lost my donor. 
I ask if this file can be reviewed as I am being forced to purchase something that is not beneficial to me or my family

Company public response: Company believes complaint caused principally by actions of third party outside the control or direction of the company
Company response to consumer: Closed with explanation