Consumer complaint received 2024-12-27 00:00:00
Product: Mortgage — FHA mortgage
Issue: Closing on a mortgage — Trying to communicate with the company to fix an issue with the loan closing
Company: Fairway Independent Mortgage Corporation
State: TX

Complaint narrative:
To Whom It May Concern, Thank you for responding to my complaint. However, Fairways previous response to my complaint reflects a significant lack of accountability and misrepresents the key issues I raised. Below, I will clarify my concerns and highlight where Fairway failed to act in my best interests as a borrower. 

XXXX. Referral to XXXX XXXX ( Realtor ) Fairway claims that XXXX XXXX referred XXXX XXXX because other realtors were unwilling to drive to XXXX and XXXX counties. However, at no point was distance mentioned to me as a factor for this referral. Had I been informed that finding a realtor willing to cover these areas was a challenge, I would have sought out and selected my own realtor. 

Instead, I relied on XXXX XXXX professional judgment, assuming her referral was based on XXXX XXXX competence and reliability. Unfortunately, XXXX XXXX actions during the transaction proved otherwise, contributing significantly to the unresolved repair issues I now face. 

Fairway also references the Texas Real Estate Commissions ( TREC ) informal disciplinary action against XXXX XXXX, suggesting it reflects a lack of prior complaints. However, an informal disciplinary action indicates that XXXX XXXX conduct warranted investigation and intervention. Informal actions are issued for violations of professional standards, even if deemed less severe. This action, coupled with the unresolved issues from my transaction, reinforces my concerns about XXXX XXXX fitness as a realtor. 

As XXXX XXXX referred XXXX XXXX, Fairway bears some responsibility for the outcome of this referral. 

XXXX. Lack of Guidance Regarding the Closing Fairway claims XXXX XXXX did not advise XXXX XXXX about whether to proceed with the closing, but this statement is misleading. Both XXXX XXXX and XXXX XXXX told me to ask the sellers next door for the repair receipts after closing. At no point did XXXX XXXX inform me that I could delay or postpone the closing to ensure the sellers fulfilled their obligations under the sales contract. 

This omission of critical information left me uninformed and vulnerable. As a first-time buyer, I relied on XXXX XXXX professional guidance to navigate the process, but her failure to explain my rights resulted in significant financial hardship. 

XXXX. Misrepresentation of My Five-Star Review Fairway references my initial five-star review of XXXX XXXX as evidence of XXXX satisfactory experience. However, this review was written before I fully understood the consequences of XXXX XXXX inadequate guidance. At the time, I believed XXXX XXXX was acting in my best interests. It was only after closing, when the repair receipts remained unresolved, that I realized the deficiencies in her service. 

A past review does not negate the substance of my complaint or the harm caused by XXXX XXXX actionsor lack thereof. 

XXXX. Vulnerable State During Walkthrough and Closing Fairways response also fails to acknowledge the circumstances under which I proceeded with the closing. As I mentioned in my original complaint, I was pregnant at the time, nearly fainted during the final walkthrough, and was late to the closing as a result. These physical challenges, combined with the stress of unresolved repair issues, heightened my reliance on XXXX XXXX and XXXX XXXX guidance. 

Instead of advocating for my interests or ensuring the conditions of the sales contract were met, XXXX XXXX and XXXX XXXX advised me to address the issue after closing. This advice left me without leverage to enforce the agreement and has caused ongoing financial and emotional stress. 

XXXX. Lack of Resolution in Fairways Response Fairway states that there is nothing Fairway can offer to address my concerns. While I understand that Fairway does not make guarantees about the condition of a property, my complaint is not about the property itselfit is about the failure of Fairways loan officer to provide adequate guidance during a critical transaction. 

Fairways response offers no acknowledgment of this failure and no indication that they will take corrective action to prevent similar situations in the future. This reflects a lack of accountability and commitment to customer care.

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