Consumer complaint received 2016-09-10
Product: Mortgage — Conventional fixed mortgage
Issue: Application, originator, mortgage broker — 
Company: OPES ADVISORS, INC. (CA)

XXXX XXXX 's office was chaotic and disorganized. We were often asked to re-send information that had been previously sent. We would not hear from XXXX 's office for days when we fulfilled his requests. When XXXX did contact us, we were contacted during work hours and asked to provide additional documentation immediately - that day by XXXX. We closed several weeks late and we know that this would have been avoided had XXXX 's office reviewed our documents, and provided us with the necessary feedback, when we sent them. 

We lost about one week because it was noted in the appraisal that there were not enough smoke detectors in the home. XXXX 's office shared the appraisal with us on XXXX XXXX, but did not share this concern until XXXX XXXX, which was four days before our scheduled closing. We do not understand why the document was not reviewed to ensure that all requirements were fulfilled. As the professional, this was XXXX 's responsibility. 

XXXX 's office consistently communicated false information to us. In a conversation with his assistant, XXXX XXXX, on XXXX XXXX, she mentioned that the smoke detectors were not a hold up. However, XXXX communicated the exact opposite to us on that same day. She also stated that XXXX had received an extension for our closing date. XXXX did not address this issue when we questioned him in a XXXX XXXX email. We did not approve an extension, nor did we ever have a conversation with XXXX 's office regarding a late closing. 

When we expressed our surprise and dissatisfaction regarding our late closing, we received an email ( dated XXXX XXXX ) suggesting that we were responsible. In that email, XXXX indicated that we provided her with documents as quickly as we could. However, there is no mention to the fact that we were often contacted for information only a few hours before close of business, making it impossible for us to fulfill that request. As such, it is clear that the delay was caused by the office 's failure to communicate within reasonable timelines, and that XXXX did not review documents to ensure that everything was in order. 

We met with XXXX at his office on XXXX XXXX. During that conversation, options for the ways in which taxes are paid were discussed. XXXX shared his recommendation of including taxes and insurance in our monthly mortgage payments. We agreed with him that this would be best. In a subsequent conversation with XXXX, it was indicated that our payments were not set up this way. We expressed our frustration because we had previously agreed on this. XXXX stated that they would fix this issue. We received the closing disclosure on XXXX XXXX and we confirmed with XXXX, in writing, that the monthly payments reflected in the document included taxes and insurance. 

When we were given escrow documents on XXXX XXXX, we were very surprised to learn that the taxes and insurance payments were not included in the monthly payment numbers XXXX had provided to us. Despite confirming to us in writing the exact opposite, we did not learn until we were handed papers to sign that the monthly payment numbers XXXX had given to us did not include the taxes and insurance. 

We will now pay approximately {$750.00} more per month than XXXX had, in writing, told us we would pay. The financial picture that XXXX provided to us was false, and the difference has a significant impact on our livelihood. 

XXXX 's delays and errors resulted in additional expenses. We were required to pay additional rent, which we did not anticipate upon entering escrow. We hired individuals to make repairs to the home, and we needed to renegotiate their start-dates. This affected their livelihood as well. Finally, we will now be required to pay approximately {$9000.00} more annually than XXXX had represented to us in writing.