Consumer complaint received 2021-09-29
Product: Mortgage — Conventional home mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage — 
Company: BAY VALLEY MORTGAGE GROUP (CA)

DATE : XX/XX/2021 TO : XXXX XXXX, Valley View Home Loans, XXXX, CA FROM : XXXX XXXX XXXX RE : Refinance for home at XXXX XXXX XXXX XXXX, XXXX, CA XXXX XXXX, As I receive my check from XXXX XXXX, I think it is important to clarify facts in our transaction. 
Our first meeting was on XX/XX/XXXX to discuss a simple refinance, to reduce the mortgage interest rate on my personal home which was 4.25 %. I requested a lower rate, and wished to take out $ XXXX. ( See Attachment A ) ) On XX/XX/XXXX all materials you requested to complete the loan application were hand delivered to your offices. 
The home appraisal occurred until Monday, XX/XX/XXXX with the report delivered to you on XX/XX/XXXX. 
After that time, and until signing on last Wednesday, it has been a battle to get this refi finished in a professional and timely manner. Your lack of communication and availability created a problem where none needed to exist. 
I will not overload this letter with the hours of endless subterfuge on your part, including misleading information, not making appointments or returning calls or texts when you confirmed that you would. The amount of time I have lost having to manage this process is quite frankly unbelievable. 
My agent, XXXX XXXX, you and I all agreed that the refi was not handled in a timely and professional manner. You waived some fees and offered to give me {$300.00} credit to the home appraisal. That however did not tell the entire tale of this tangled web with you. 
I cancelled many appointments, business meetings and family events in the month of XXXX to clear my schedule as you told me repeatedly that my refi was third in line, next in line, we would be signing the following daynone of which happened. 
As time went on and my XXXX mortgage was coming due and payable and late on XX/XX/XXXX I asked you several times if I should pay my mortgage. You said no. See attached text mail above. 
Imagine my surprise when I came into your offices to finally sign docs and not only was the $ XXXX cash out not included in the loan, I was incurring additional closing costscosts that were directly due to the fact that I did not pay my XXXX mortgage as you instructed. When I left the offices on Wednesday you told me that would let me know when I need to pay the additional closing costs to the title company. You never did so. I became concerned on Friday as the deadline to fund before the end of the month was at hand. Not paying by the end of XXXX would have had a huge negative impact on my credit rating and future ability to purchase real estate at competitive rates. The title company advised me that I had to have a cashiers check to them before XXXX XXXX  on Friday or the refi would not fund in time to avoid negative consequences. I cancelled my plans for that day, drove to the bank, obtained the cashiers check ( charge of {$15.00} ) and hand delivered it to XXXX XXXX XXXX. 

I advised you of this fact and you were upset that I had paid the additional charges as you were taking care of it, and I should pay on Monday. Monday would have been too late. And your offer to reduce these additional charges caused by you was to apply a {$350.00} credit for the home appraisal to the title company charges! At no time in my adult business life has anyone offered to reduce charges they incurred on my behalf by applying a credit they refund to me due to earlier lack of performance. 
As we discussed on Friday, I will be in your office today at XXXX XXXX  to conclude our business transaction. I expect to pick up a cashiers check from you in the amount of : 1. Additional Closing Costs : {$1200.00} 2. Bank Fee Late Charges for XXXX Mortgage : {$66.00} 3. Credit towards Home Appraisal : {$350.00} 4. Fee for Cashiers check : {$15.00} TOTAL : {$1600.00} As of Monday, XX/XX/2021, the refi was scheduled to fund. However, the lender is still missing information from your offices. I texted you and emailed the title company to determine what information is outstanding. You now have texted that you have a doctors appointment at XXXX XXXX  today and can not meet me as agreed upon at XXXX XXXX. You have pushed the appointment out until noon. And you will not provide information on outstanding data until XXXX XXXX. 
I add this note as this is a typical response from youdelay and duck tactics. 

UPDATE : XX/XX/2021 I received a check from XXXX XXXX XXXX this morning in the amount of {$1400.00}. This includes the originally agreed upon credit from you for the {$1200.00} closing charges and {$15.00} for the cashiers check ( {$1200.00} actual charges ; you only credited {$1200.00} ) AND credit back to me for lower than estimated county recording fees ( Title company check total {$1400.00} ). 

You still owe me {$350.00} credit towards my home appraisal and {$66.00} for bank late fees on my XXXX mortgage account. In addition, you are short {$.00} on the closing costs. You only credited {$1200.00} instead of {$1200.00}. 

Imagine my shock when I texted you today and asked to come get a check for the balance. You texted me and said that the additional {$270.00} in my final check from XXXX XXXX ( full amount {$1400.00} ) was to be applied to the amount you owed me and that we were even. See attached text message. XXXX, taking credit for a refund I was due as money you owed me is fraudulent. You owe me a balance due of {$410.00}. I will be in your offices at XXXX XXXX  tomorrow to collect a cashiers check in that amount. 

Sincerely XXXX XXXX XXXX