Loan Officer Fraud.. What do I need to do?

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At the end of July I applied for a home loan. The loan officer said I was pre-approved at 145k (have the papers) and I began looking for a house. I was told that I needed to put the 5% buy-down for a locked interest rate and loan type. I found a house for 139k and put in an offer that was accepted. During the whole time the house was in escrow, the loan officer kept having problems getting the loan docs to the title company. After almost 3 months of going back and forth, the sellers decided to cancel my offer. The loan officer told me that I would be receiving a check in the mail from Countrywide (who was supposedly the lending company that received my loan buy-down deposit). I did not receive the check. I ended up finding out that she does not work for that Mortgage company anymore, as well.

Questions… How could I go about getting my money back? I do have the receipts on the company letterhead with the amount that I gave as well as it stating that if the loan did not go through or I did not find a house, the entire amount would be refunded.

Is the mortgage company liable at all in any way, since that is where she was employed at the time and that is where I started the whole loan process?

Should I go after the mortgage company and/or her if I decide to take them to small claims court?

Any advice on what I could / should do? Thank you very much,

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2 Comments
  1. Reply
    Marie
    May 16, 2011 at 5:41 am

    Of course your lending company is liable for services not rendered, you are untitled to your deposit in full with interest. You need to contact Countrywide send them a certified letter immediately. With a copy to Attorney General stating that Countrywide has taken your money illegally.
    The lady was employed by Contrywide and followed their directions and rules, she does not have your money. Contrywide does.File a complaint with the the attorney general and his office will take it from there.

    This is not for Small Claim as of yet.

  2. Reply
    QUEENIE
    May 16, 2011 at 6:15 am

    That sounds like it was a great inconvenience.
    The first thing I would do is contact the department of housing and urban development at http://www.hud.gov.
    They have a fraud unit & will open a case on your behalf in federal court (for this is a federal offense). The next thing i would do is contact a lawyer; they can do a better job of dealing directly with the mortgage company as they ARE liable for your transaction, especially if you made the check out to them and not her personally.

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