Consumer complaint received 2024-12-18 00:00:00
Product: Mortgage — FHA mortgage
Issue: Applying for a mortgage or refinancing an existing mortgage — Negative impact of inaccurate appraisal
Company: Fairway Independent Mortgage Corporation
State: TX

Complaint narrative:
XXXX  XXXX XXXX  XXXX real estate agent, XXXX XXXX, was referred to me by my mortgage loan officer, XXXX XXXX, from Fairway Independent Mortgage, when I was seeking assistance as a first-time homebuyer. As a loan officer, XXXX recommendation carried significant weight, and I trusted her judgment. However, her failure to exercise due diligence and her breach of duties contributed directly to the financial and emotional hardship I have endured. 

The recommended inspection company also performed a substandard inspection. The inspection, conducted on XX/XX/year>, flagged multiple issues, including electrical code violations, standing water in the yard, and concerns about the foundation. However, critical hazards, such as hazardous sewage gases venting improperly were not mentioned. Additionally, the inspector refused to access certain areas, such as the attic, leaving me with an incomplete picture of the homes condition. 

At closing, XXXX seemed to have a personal relationship with XXXX as they knew each other 's kids and so on and went to lunch together afterwards. Looking back on this, too many things were done to benefit them and not me or my son who were paying clients. 

XXXX was kept informed throughout the process and was aware of my concerns about whether repairs were being completed. I provided her and XXXX with the inspection report and communicated my reservations about proceeding. XXXX not only failed to intervene or provide sound advice to protect me but also actively reassured me that XXXX would handle the repair amendment and receipts. This advice gave me false confidence in Avas competence and led me to trust that the issues would be addressed. 

At closing, I discovered that the receipts for the repairs had not been provided. XXXX, along with XXXX and the title company, encouraged me to proceed with closing despite this glaring red flag. She failed in her duty to act in my best interest by not advising me to delay or postpone closing until the sellers fulfilled their contractual obligations. Her actions directly contributed to my inability to pursue legal remedies against the sellers for breach of contract. 

In addition, XXXX selected a home warranty company without consulting me. This warranty proved to be entirely inadequate, resulting in service fees for unresolved issues, including the hazardous water leak through my ceiling light fixture. The service the warranty company sent refused to enter the attic to address the issue, leaving my unborn son and me exposed to serious safety risks. 

Within the first year of owning the home, I incurred significant repair costs due to the negligence of both XXXX and XXXX : {$16000.00} for electrical repairs to address hazardous code violations, including ungrounded outlets, a faulty panel, and lack of fire safety measures. 
{$8800.00}, including {$990.00} specifically for adding vent piping and flashing to address hazardous sewage gases caused by improper plumbing. 
{$10000.00} to repair the sewage system ( XX/XX/year> ). 
{$1400.00} in service and diagnostic fees related to the ineffective home warranty. 
These financial burdens have devastated my finances, forcing me to modify my loan, and join a debt relief program, ultimately destroying my credit. XXXX failure to perform her duties as a loan officer at Fairway Independent Mortgage compounded XXXX negligence and has left me in a precarious financial and emotional state. XXXX had a duty to act in my best interest, but instead, she facilitated XXXX harmful actions and failed to provide the guidance and protection I needed as a first-time homebuyer. 

XXXX  investigation revealed that XXXX failed to meet basic regulatory standards, and XXXX referral of such an unfit realtor reflects poorly on Fairway Independent Mortgages practices. XXXX actions went beyond poor judgment ; they constituted a breach of her fiduciary duties, as she prioritized closing the deal over protecting my interests. 

While I have taken steps to address the hazards, the financial and emotional toll has been immense. I trusted XXXX and XXXX to act in my best interest, but both failed me, leaving my son and me vulnerable in our first home. I request a full investigation into this matter and appropriate measures to address the harm caused by XXXX XXXX breach of duties at Fairway Independent Mortgage and XXXX XXXX failure to fulfill her fiduciary obligations.

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