Lender Credit on Loan Estimate is absent from Closing Disclosure

Lender Credit on Loan Estimate is absent from Closing Disclosure

Member since 2022 · 20 posts · 3 votes

I'm about to close on a property tomorrow and the latest CD doesn't have the lender credits ($3,052) that were initially a line item in the LE. The origination fee was and still is $3,052 however there is no longer lender credits that wipe that out in section J. Am I missing something or can that credit be used elsewhere that I'm just not aware of?

Another curve ball was this latest CD also had a slightly lower interest rate (5.834%) vs. what I thought I was going to get (5.99%). Nothing was communicated about getting a lower rate either prior to me receiving this latest CD and I told my lender multiple times that I don't want to pay anything extra at closing for a lower rate if my closing costs don't cover it since I need all of my cash for renovations on this property. Everyone keeps talking about rates dropping anyway in the next year or 2. 

I'm getting 3% in seller concessions (equivalent to $11,460)  and those were supposed to cover all of my closing costs. Even a few days ago apparently there was an extra $500 sitting on the table with my current rate and all the seller concessions allocated so I asked if the appraisal could be reimbursed so now I'm am confused as to why these latest numbers have me bringing ~ $1,400 more than my down payment to closing.

Any advice is appreciated as I wait for an explanation from the lender. 

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Raymond J. RodriguesBusiness Member
Lender · Miami, FL · Member since 2017 · 1k+ posts · 797 votes
3y

@Paul Defngin if you want my honest opinion, it sounds like her loan estimate that was disclosed to her did not entail a locked interest rate and now that rates have shifted and her rate is locked, that the credit is no longer available. That is the only time a credit like that can shift from what was originally disclosed. 

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  • Paul DefnginPro Member
    Lender · Rockville, MD · Member since 2008 · 498 posts · 199 votes
    3y
    Quote from @Maria W.:

    I'm about to close on a property tomorrow and the latest CD doesn't have the lender credits ($3,052) that were initially a line item in the LE. The origination fee was and still is $3,052 however there is no longer lender credits that wipe that out in section J. Am I missing something or can that credit be used elsewhere that I'm just not aware of?

    Another curve ball was this latest CD also had a slightly lower interest rate (5.834%) vs. what I thought I was going to get (5.99%). Nothing was communicated about getting a lower rate either prior to me receiving this latest CD and I told my lender multiple times that I don't want to pay anything extra at closing for a lower rate if my closing costs don't cover it since I need all of my cash for renovations on this property. Everyone keeps talking about rates dropping anyway in the next year or 2. 

    I'm getting 3% in seller concessions (equivalent to $11,460)  and those were supposed to cover all of my closing costs. Even a few days ago apparently there was an extra $500 sitting on the table with my current rate and all the seller concessions allocated so I asked if the appraisal could be reimbursed so now I'm am confused as to why these latest numbers have me bringing ~ $1,400 more than my down payment to closing.

    Any advice is appreciated as I wait for an explanation from the lender. 

    Go back and let them know that. If a lender disclosed a lender credit; they can’t undo it. They are then obligated to give it to you. That is one of those things that CFPB is specific about and is a zero tolerance line item. 

    Be aware that some lenders may say; “oh we extended your rate and used that to cover your lender credit”, if that is what happened, push back. The two has nothing to do with each other and if in fact you extended your rate because of change of circumstances that is not your fault; then I would definitely let them know that. 

    Good luck. 


  • Raymond J. RodriguesBusiness Member
    Lender · Miami, FL · Member since 2017 · 1k+ posts · 797 votes
    3y

    @Paul Defngin if you want my honest opinion, it sounds like her loan estimate that was disclosed to her did not entail a locked interest rate and now that rates have shifted and her rate is locked, that the credit is no longer available. That is the only time a credit like that can shift from what was originally disclosed. 

  • Member since 2022 · 20 posts · 3 votes
    3y

    The rate lock box on my LE was checked with some verbiage I'm showing below. I just erased the loan ID since I don't know if that's personal info. Let's say I am due the $3,052 in lender credits then, since it was allocated for the origination fee, is that the only thing it can be used for?

  • Member since 2022 · 20 posts · 3 votes
    3y

    Here is the conversation via text that verifies the lender was going to cover his origination fee. He highlighted both origination fees and lender credits to show me what he would do and how I would bring less to closing. This was the determining factor in me choosing them to service my loan. 

  • Paul DefnginPro Member
    Lender · Rockville, MD · Member since 2008 · 498 posts · 199 votes
    3y
    Quote from @Maria W.:

    Here is the conversation via text that verifies the lender was going to cover his origination fee. He highlighted both origination fees and lender credits to show me what he would do and how I would bring less to closing. This was the determining factor in me choosing them to service my loan. 


    I can't make out the screenshots of what you posted here - and you may have already closed anyway.  Hopefully, all ends up the way you expected and everything is good.  

  • Paul DefnginPro Member
    Lender · Rockville, MD · Member since 2008 · 498 posts · 199 votes
    3y
    Quote from @Raymond J. Rodrigues:

    @Paul Defngin if you want my honest opinion, it sounds like her loan estimate that was disclosed to her did not entail a locked interest rate and now that rates have shifted and her rate is locked, that the credit is no longer available. That is the only time a credit like that can shift from what was originally disclosed. 

    @Raymond J. Rodrigues good feedback.  Maybe? Unfortunately, for us on the retail side, once you disclosed, you are obligated to give it regardless of whether you locked the loan or not.  On the broker world, if you are not locked and you're on a lender-comp plan; I can see how that could happen. Let's just hope that if she was not locked that it was explained to her in-depth. That said, it looks like her loan was locked but nonetheless, hopefully @Maria W. got her loan, was taken care of and happy.  That's all that matters. 

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