Consumer complaint received 2018-01-26
Product: Mortgage — Other type of mortgage
Issue: Closing on a mortgage — 
Company: NVR INC. (VA)

This response should be sent to XXXX XXXX, Vice President, XXXX. 

My name is XXXX XXXX, age XXXX, senior citizen, XXXX XXXX. On XX/XX/XXXX, I signed a Virginia Purchase Agreement for property located on Lot # XXXX, at XXXX 's XXXX   XXXX ( XXXX XXXX XXXX XXXX, XXXX, VA XXXX. I love and want my house, but I have been juggled, confused, and misguided, manipulated throughout this venture with XXXX XXXX. I did not have a realtor to assist me because my realtor was no longer a realtor agent, even though she was my realtor on record from XX/XX/XXXX-XX/XX/XXXX.  However, I had no one to guide me through this process and XXXX XXXX and the XXXX XXXX XXXX Lender, XXXX XXXX, do I did not know anything about mortgage procedures. 

My complaint is with XXXX XXXX/NVR Inc. and XXXX XXXX, XXXX XXXX XXXX, who will not return my closing cost money of {$4400.00} that I worked hard to get and it was not easy. XXXX XXXX/NVR Inc refuses to return my money, even though XXXX, has the money. On XX/XX/XXXX, XXXX XXXX, Vice President of XXXX XXXX, sent me a default letter. The letter states that I have failed to complete my obligations based on Paragraph 13 of the Purchase Agreement. I feel that XXXX XXXX should return my money because they made an erroneous error. I did everything XXXX XXXX, XXXX XXXX XXXX lender asked me to do. It should have been contingent on financing and not that I failed to complete my obligations. I did everything my lender asked me to do, but it was unsuccessful. Through this mortgage process, I dealth with the following persons : XXXX XXXX, XXXX XXXX, XXXX XXXX, and XXXX XXXX, XXXX XXXX/NVR Inc., and XXXX XXXX, XXXX XXXX XXXX. 

I believe I was not qualified in XX/XX/XXXX for an XXXX loan through the XXXX XXXX XXXX at the very beginning of the loan process. I did not receive a pre-qualification letter, spreadsheet, or XXXX findings that showed my original application received XXXX XXXX approval. I started asking XXXX in XX/XX/XXXX at the time of my application to provide me with figures dealing with housing to debt ratio, closing costs, etc ( like XXXX XXXX, NVR Mortgage Lender gave me ( see history below ). Based on lenders from XXXX XXXX, XXXX XXXX, and NVR Mortgage Lenders, who were unable to qualify me for a XXXX loan told me that my ratios were too high to qualify. What did XXXX from XXXX, see that the previous lenders did not? I understand that when you apply for a XXXX   loan, they are very tight on their ratios. I believe that I did not qualify and XXXX XXXX Lender XXXX simply missed this. 

This has been very stressful and a financial hardship for me. My hair is falling out. I am very XXXX, and can not sleep at night because of all the threats from XXXX and XXXX during this endeavor. I have been waiting to get the house built from XX/XX/XXXX to XX/XX/XXXX. I have moved four times since starting this home process. There is no assistance for the consumer. XXXX and XXXX continuously said that they were trying to help me, but XXXX could not get me a decrease in the purchase price or a lower rate, so how could they possibly help me or than threatening me. I got to the point that I did not want to speak to either of them again, so I started communicating with XXXX and his supervisor from XXXX XXXX. XXXX tried to get a friend from XXXX to get my name removed from the car, but, at that point, my son was tired of contacting dealerships and his credit getting constantly hit. In XX/XX/XXXX, XXXX started threatening me. 

XXXX said that I am at default because I added {$6000.00} ( $ XXXX/month ) to my debts ; however, he continued to ask me to get rid of my sons car where I am the co-signer. The XXXX car balance is {$13000.00}. He also said that I needed to come up with {$12000.00} which is the balance for XXXX XXXX XXXX, which is a bill I had prior to completing the application and I was paying $ XXXX/month ( balance {$6000.00} ). I kept asking XXXX why was he asking me to get rid of a {$13000.00} or a {$12000.00} loans when I only added {$6000.00} to my debts. 

XXXX and XXXX insisted that I pay appraisal and home inspection fees before I was approved for financing. I asked them should I wait, but they said No! 

XXXX scheduled closings on XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX, but he was still asking me to get my name removed from the XXXX and placed in my son 's name. He was also asking me to get {$12000.00} from my family or have my family borrow {$12000.00} from XXXX XXXX XXXX to pay off my debt, but when they get the payment plan, then I would make the payments to XXXX XXXX XXXX. 

I had not been approved for financing, yet XXXX kept scheduling closing dates on the house and threaten me with having to pay penalty costs from the closing dates and not getting my deposit reimbursement. The representatives from XXXX and XXXX XXXX put me through a lot of stress, and now they want to keep my hard-earned money that it took me a long time to get ( see payment plan ). XXXX XXXX makes have $ 100s and $ 100s of dollars, but they want to keep this XXXX year old senior citizen, deposit of {$4400.00} after all they put me through since XX/XX/XXXX. 

Background History I first visited XXXX XXXX in XX/XX/XXXX to discuss the procedures to purchase a new construction. My house was scheduled to be built in XX/XX/XXXX, and later changed to XX/XX/XXXX and later to XX/XX/XXXX. The house was completed on XX/XX/XXXX. On XX/XX/XXXX, I gave XXXX XXXX my Earnest Money Deposit ( EMD ) in the amount of {$1000.00}. 

On XX/XX/XXXX and XX/XX/XXXX, I asked XXXX to send me the name of her lender. On XX/XX/XXXX, XXXX sent me XXXX XXXX, NVR Mortgage, XXXX who is XXXX XXXX Lender. XXXX prepared a spreadsheet which showed a breakdown of cash I would need at closing and calculations from three grant programs that I could apply for with different low down payment options. He also stated that the spreadsheet was based on my income of {$78000.00} per year or XXXX monthly and {$1800.00} for social security. However, my XXXX is now XXXX/month. XXXX said that my credit score would allow me to apply for each program, but he was concerned about my debt-to-income ratio. He explained that my debt to income ratio is a calculation of my monthly debt divided by my total monthly income. He also said that XXXX will allow for a grant but the income limit is {$97000.00} per year. He stated that based on the calculations on the spreadsheet, my income is too high for several grants. He even removed my son 's car payment of $ XXXX/month from the ratios, but he at the first beginning of the loan process said that I needed to pay off some debts to get in other loan programs. His final remarks to me were that I needed to pay {$11000.00} or {$16000.00} for closing cost to purchase a house. On his spreadsheet, he lists the same debts that I had when XXXX XXXX transferred my closing cost of {$5000.00} to XXXX XXXX, XXXX XXXX XXXX. I told XXXX that if I had to pay {$11000.00} or {$16000.00} closing costs, then I would wait to next year to purchase a house. I also asked him to send me my denial letter so I could get my EMD reimbursement. XXXX could not get me qualified so I wanted my EMD returned to me. XXXX said that purchasing a house through XXXX XXXX was contingent on my paying off two to three bills and/or paying down an extremely large down payment, instead of the {$5000.00} on the worksheet, which is the same thing XXXX said to me in XX/XX/XXXX, instead of mentioning this to me in XX/XX/XXXX. 

On XX/XX/XXXX, XXXX said that the original calculations that XXXX prepared for the XXXX   grant on the worksheet were incorrect. XXXX said the calculations were correct. She said that even though it did not reflect the other debts that was okay because most people can not remember everything that they owe. She told me not to worry because there are multiple other lenders and she wanted me to explore other options before I cancel that there are plenty things that XXXX XXXX could do. 

XX/XX/XXXX - Sent email to XXXX because I had been trying to reach XXXX all week and did not receive response. 
I wanted him to send me a pre-qualification letter, figures, closing costs, before I moved from XXXX to XXXX. 

XX/XX/XXXX - XXXX looking for XXXX to get closing cost transferred to his bank. NVR, her lender, needed a full application from me to issue a denial letter that's how she moved the closing cost over to XXXX. 

On XX/XX/XXXX XXXX XXXX, XXXX, XXXX wrote : Yes I did speak to him don't worry everything 's okay. I am trying to get my closing cost assistance transferred over to his bank. My lender needs a full application from you in order to issue a denial letter that's how I move the closing costs over. If you do not want to do the full application to get your denial I understand ... I will work with XXXX to figure out closing costs if you decide not to complete the full application with my bank. It will not mess up your credit to apply through both creditors, they know that you were shopping for a mortgage so it will only count as one hard credit pull. What do you want to do? XXXX can get you financed that's no problem so I don't want you to worry about that. I just want to make sure I get you the most money possible are you willing to finish the app at my bank I believe you can do most of it online. and don't worry they know that you are just completing the app so that I can transfer over closing costs. 

XX/XX/XXXX @ XXXX XXXX : Email from XXXX : I just wanted to follow up with you about the loan app so I can get you your closing costs moneyI need you to complete the app with XXXX, I know thats no fun but this way I can get you the closing costs money. Also, XXXX has been trying to reach out to you, can you please give him a call. Let me know what your schedule looks like so we can get this thing wrapped up with XXXX, sorry for all of the back and forth, well get all taken care of. 
I do not understand her message above or what she was referring to. I asked for a denial letter and the return of my EMD earlier. 

XX/XX/XXXX - Sent my documents for processing to XXXX, XXXX XXXX XXXX. 

I sent an email to XXXX on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, I sent an email asking for a denial letter and EMD reimbursement long before XXXX 's Vice President signed the purchase contract and all the other XXXX documents that were sent to me on XX/XX/XXXX. 

On XX/XX/XXXX, I received the following message from XXXX XXXX : On XX/XX/XXXX you were outside of your 3 day right of rescission, you signed the contract on XX/XX/XXXX. You were not denied for a loan, you can not request a denial, you must actually be denied for a loan. You can withdraw your application but you can not request to be denied. You never completed a full application either to receive a denial. You must complete an application to be denied. My manager had reached out to you to explain all of this as well but she was unable to reach you. Unfortunately, the earnest money deposit is nonrefundable at this point. Best of luck in your home search. 

On XX/XX/XXXX-XX/XX/XXXX, XXXX transferred my closing cost to XXXX and said that I no longer had to deal with XXXX and I was switched over to XXXX XXXX, XXXX XXXX XXXX Bank. XXXX is a close friend of XXXX, so XXXX XXXX gave XXXX authorization to transfer the incentive of {$5000.00} closing cost over to XXXX 's bank. 

XXXX, XXXX XXXX Conversation with me In XXXX when I first started working with XXXX XXXX, XXXX told me that there are thousands of banks out there and not all of them have the same rules and it is completely normal I have had people go through three and four different lenders before we got to the best one. 

I found another lender in XXXX, but in XX/XX/XXXX, XXXX would not allow me time to complete my paperwork with XXXX to get approved for the house at XXXX XXXX XXXX XXXX. He said that if I did not go with XXXX then they will cancel my contract and send me a default letter and would not return my money. Since XXXX could not get me approved for XXXX with payments being {$2300.00}, XXXX then tried FHA plus loan and my payments would be $ XXXX/month. I did not want to pay the $ XXXX/mo, so I certainly did not want a higher monthly payment, so I told XXXX that I do not want those high monthly payments. XXXX also said that it would take XXXX another 45 days to get me approved and they can not wait that long. They have waited long enough. I have waited for XXXX XXXX since XX/XX/XXXX, almost a year ago, but they could not wait for me to seek another lender 's figures. 

XXXX XXXX, XXXX XXXX XXXX As mentioned earlier, I did not hear from XXXX until XX/XX/XXXX. At that time, XXXX should have reviewed my credit report and noticed that I had incurred an additional debt of {$6000.00} ( $ XXXX/mo ) with XXXX XXXX XXXX before he set up a closing date. In XX/XX/XXXX, XXXX asked me to get the XXXX XXXX car that is in my name and transfer it to my son 's name since I had accrued a {$12000.00}. XXXX did not send me a video on house purchasing until mid-XX/XX/XXXX which stated that I should not have accrued any other debts. I should have been given the information in XX/XX/XXXX by XXXX XXXX XXXX. Starting in XXXX, XXXX would call me after his working hours from XXXX XXXX to XXXX XXXX and say to me that I needed to get the above-named car out of my name by going to dealerships or to my son 's bank. Well, my son and I did all that. We spent almost every weekend in XXXX and XXXX trying to get the name removed from the car, but was unsuccessful. We have about 6 letters from car dealerships banks and XXXX XXXX XXXX XXXX denying my son approval to place the car in his name. I even tried to get my XXXX XXXX car payment lowered by training it in. Both cars have upside down payments, which makes it hard to get rid of the cost. 

I had access to the XXXX XXXX from XXXX to XX/XX/XXXX and I could have gotten my name off the car by having my father use the XXXX as a trade in, but XXXX did not contact me until XX/XX/XXXX. 

In XXXX and XXXX, XXXX and XXXX would call me after XXXX XXXX at night and threatened me with a default letter if I did not make my son get rid of the car. They said that my family should stick with me and help me get a house. My son is XXXX years old, the car payments were not delinquent, the car was not in my possession, I did not have any control over the car and I kept informing XXXX and XXXX, but they did not listen. They had me crying on the telephone. 

I did not know that I was not to add additional amounts to my monthly bills because no one told me. XXXX sent me a video in XXXX which told me not to add additional pills. As I mentioned before, XXXX kept changing the date my house would be built, and by XXXX, I had to move, needed to pay off my income tax, etc. which I will explain later in the history on the additional expense I incurred while waiting for my house to be built. 

Supervisor to lower the cost of the house or lower my interest rate so I could close on the house, but she would not hear of that. I ask XXXX the same information since everyone kept saying that we are trying to help you. Often during the evening time, XXXX would call me and merge XXXX in to the call, and they both would threaten me that I was in default because I added an additional {$12000.00} to my debts.I kept telling him that I incurred {$6000.00} w/additional $ XXXX/month, but why was he asking me to get rid of the XXXX car that was {$13000.00} and/or the XXXX XXXX XXXX Debt for $ XXXX/a month. 

I need to send my attachments under separate cover because I can not save them. Please send me an email where to send all my attachments.