Can loan agent lock the rate without telling or informing me?

REO properties do not operate under traditional real estate transaction rules, especially at BoA. Is it possible you signed something that obligated you without realizing it? You usually do not have to perform on a contract or getting a loan if there was a specific reason, most people use the inspection to find a way out and get their money back but in your case I could not be sure since I've no idea what you signed. You better get a lawyer to help you sort it out.

NO... they can't do that... but I hear of it all the time. What would you expect when you were working with an unlicensed bank application clerk?? This is a great example of why you keep seeing and reading that you should ONLY WORK WITH A LICENSED MORTGAGE PROFESSIONAL. Read the article at http://mnrealestatedaily.com/?p=1231 for more info

Your Agent shouldn't lock in your rate without talking to you first, however this is a common practice among all loan officers.. if the rate is the same or lower than originally quoted, then the lender will usually lock in the rate once he feels he will close the loan within the allotted time lock deadline, and he doesn't always contact or communicate this with the borrower.. a loan officer should NEVER lock in the rate higher than what was quoted... Is it illegal? I'm not sure, but probably not!! Is it unethical?? Absolutely.. Seeking Legal advice???? I would say, "Don't waste your money"... BofA has many, many attorneys..., You have every right to cancel the deal.. But, since you were not DENIED... you CANCELED, then your EMD is subject to forfeiture. (You cannot write your own "Denial Letter" as others had suggested).. Your real estate agent should have been involved with this decision, since they would have advised you of the consequences of your actions.. Personally, I would have advised you to ask for a supervisor and see if they would be willing to honor the original quote before canceling the deal.. But then again,,, I wouldn't have canceled the deal over a .25%-.5% increase in interest rate either.. In any case.. As Joe commented... you're dealing with an unlicensed, un educated application assistant.. not a licensed, educated, loan professional. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com

Your agent can not keep you in the dark regarding locked rate. The agent can not lock the rate for you without your consent. You can take legal advice for that. The lender may be or may not be aware that you have been kept at dark regarding the locked rate. It is good that you have received the good faith estimate (GFE) letter from the lender which clearly tells about the locked rate. Now, if you write a loan denial letter to get back your Earnest Money Deposit (EMD), it will be like accepting that the rate was locked under your direction. But, this was not actually true. I would suggest you to take legal advice to sort out the matter.

hi there: I would suggest speaking to upper management and try to see what they can do regarding your rate. Since your subject loan is being processed thru Bank of America (a bank not a broker), I am sure they can negotiate the rate or accomodate the mishappening. Definitely, the loan officer should have confirmed with you prior to locking the rate. Any questions, feel free to ask...Mike (703 505 5300)..NMLS 754875

Your problem is that your loan agent is not a Licensed Mortgage Professional. Instead they are just an employee of one of the big banks. In the real world, until the borrower commits to a rate to be locked it should never be locked. If your bank employee did this without your consent, keep complaining up the ladder until you get satisfaction. In most states in order to get your EMD back, you either must cancel within the first ten days or not get approved for financing. If you are not approved for financing, then by law the bank is obligated to provide you with a Decline letter, commonly called a "Notice of Adverse Action". Give them 24 hours to get it to you or tell tehm you will file a formal complaint with the Office of the Comptroller of the Currency, and the Federal Trade Commission. Then start calling the office of the Bank President. Be polite, but become a royal pain in the rear. You will get your letter. Finally, your experience is exactly why I always advise consumers to contact and work with a local Mortgage Banker/Broker, rather than one of the big banks or big national mortgage factories. Unlike a bank employee, who is most likely just an order taker, a Mortgage Broker/Banker is Trained, Tested and Licensed in all aspects of Mortgage Origination. We have access to loan products of many lenders, not just those of one bank, and can properly guide you. But more importantly, we are trained to take a look at the various different options available to you and guide you into the one that makes the best sense for your situation. Don't forget to check out your selected Mortgage Originator at the National Mortgage Licensing System at www.NMLSConsumerAccess.org ~ Bert Carpenter, The LoansA2z team of NOVA Home Loans ~ NMLS 40586 ~ www.LoansA2z.com 888-889-9950

1. Why did Countrywide change my 5.75% mortgage loan, I Locked-in at, to 6.25% right before signing escrow, without discussing it with me 72 hours prior as loan documents states must be done?2. Why did Countrywide tell me I couldn't afford the cheaper loan and that they thought they told us prior already, when I called during signing?3. Why did Countrywide change my loan to one I doubted my wife and I could afford, when my family was going to have nowhere to live if we didn't sign?4. Why did Countrywide tell us their copy machine was broken when we signed our lock-in agreement?5. Why didn't Countrywide give us a copy of our Lock-in agreement document when we asked for it since the beginning of our mortgage?6. Why did Countrywide sell our note to Bank of America that we did not want to do business with nor support, and not hand deliver the note?7. Why are we forced to do business with Bank of America and forced to allow them to service our loan?8. Why did Bank of America ignore us on 5 modification attempts to our previous lock-in agreement and only answered and told once that we didn't qualify?9. Why does Bank of America deny our QWR for all Loan, escrow, Lock-in agreement, and 6 modification attempts, documents?10. Why does Bank of America Bank of America threaten to foreclose, selling our note, and actually put our loan into default with pre-foreclosure, still denying us our QWR?11. Why is it legal for real estate companies and internet sites allowed to show our house available in pre-foreclosure, for 2/3 the cost I purchased it for, at a monthly mortgage half of what I am being forced to pay?12. Why is it ok for Bank of America to foreclose on my mortgage when the amounts due are the same amounts our houses estimated worth has depreciated, due to Real Estate company's, Countrywide's and Bank of America's practices of unequal, racial, judgmental, predatory lending for greed of money with house flipping and greed of money, no matter who it puts on the street and causes to be homeless? 13. Why is it ok for the home builder to tell us they're not going to fix the cracks in our stucco unless they can fit a nickel inside it?14. Why is it ok for banks to exercise their legal document rights, ignoring and denying the consumer their documented rights when the consumer cannot afford the greed of an attorney?15. Why does everyone, banks, governments, other nations and countries think they can do what they do against Americans and God's true Children everywhere, and get away with it, without judgment from God?16. Why did the American Government bail out these banks with tax payers money, for doing these things to Christian Americans that choose to be the True Children of God?Your Judgment is here, life of your own conscience knowledge, truth and action of un-repented sin of mortality and impurity expressed towards existence, reality and destiny, to have life upon and within yourself. They are your truths, beliefs and actions you decided to agree upon and express upon all things existing or going to, even yourself.

God plus Jesus, plus solar flares, protecting, His Children. Everyone wants to blame others or take credit for what God is doing to banks greed, exploitation of peoples wages and affliction against His Children. This is what's up. God and Jesus added to the Sun's energy, substance, power and light which is added to our atmosphere, light, air, water, earth and beings, to perform His will and judgment. Solar Flares, CME's and sunlight, sun's energy, radiation and substance added to Water, air, and food with God, His word, His Son, His Son's Blood and Holy spirit, truth, purity and righteousness, is coming for Bank of America and all that exists in the universe, Earth , All heavens and beyond, Past present and future, Eternally and NO-ONE can remove Him from there in the name of Jesus Christ, Amen!Solar Flares and CME's Plus God, Jesus and the Holy Spirit in the Light and energy of the Sun is upon the wage earner exploiters of Bank Of America and other banks as the Lord being a swift witness against them and those who support them, as well as All others for a blessing or curse, to each his own reward for what they have done to others and continue doing so without repentance when asked to.Matthew 3:11I indeed baptize you with water unto repentance, but He who is coming after me is mightier than I, whose sandals I am not worthy to carry. He will baptize you with the Holy Spirit and fire.The Reign and Indignation of GodIsaiah 66:14 When you see this, your heart shall rejoice, And your bones shall flourish like grass; The hand of the Lord shall be known to His servants, And His indignation to His enemies.15 For behold, the Lord will come with fire And with His chariots, like a whirlwind, To render His anger with fury, And His rebuke with flames of fire.16 For by fire and by His sword The Lord will judge all flesh; And the slain of the Lord shall be many.17 "Those who sanctify themselves and purify themselves, To go to the gardensAfter an idol in the midst, Eating swine's flesh and the abomination and the mouse,Shall be consumed together," says the Lord.Psalm 21:9You shall make them as a fiery oven in the time of Your anger; The LORD shall swallow them up in His wrath, And the fire shall devour them.Psalm 89:46How long, LORD? Will You hide Yourself forever? Will Your wrath burn like fire?Isaiah 9:19Through the wrath of the LORD of hosts The land is burned up, And the people shall be as fuel for the fire; No man shall spare his brother.Ezekiel 21:31I will pour out My indignation on you; I will blow against you with the fire of My wrath, And deliver you into the hands of brutal men who are skillful to destroy.Ezekiel 22:21Yes, I will gather you and blow on you with the fire of My wrath, and you shall be melted in its midst.Ezekiel 22:31Therefore I have poured out My indignation on them; I have consumed them with the fire of My wrath; and I have recompensed their deeds on their own heads," says the Lord GOD.Ezekiel 38:19For in My jealousy and in the fire of My wrath I have spoken: 'Surely in that day there shall be a great earthquake in the land of Israel,Malachi 3 The Coming Messenger1 "Behold, I send My messenger, And he will prepare the way before Me.And the Lord, whom you seek, Will suddenly come to His temple, Even the Messenger of the covenant, In whom you delight. Behold, He is coming,"Says the Lord of hosts.2 "But who can endure the day of His coming? And who can stand when He appears?For He is like a refiner's fire And like launderers' soap.3 He will sit as a refiner and a purifier of silver; He will purify the sons of Levi, And purge them as gold and silver, That they may offer to the Lord An offering in righteousness.4 "Then the offering of Judah and Jerusalem Will be pleasant to the Lord, As in the days of old, As in former years.5 And I will come near you for judgment; I will be a swift witness Against sorcerers, Against adulterers, Against perjurers, Against those who exploit wage earners and widows and orphans, And against those who turn away an alien-- Because they do not fear Me," Says the Lord of hosts.6 "For I am the Lord, I do not change; Therefore you are not consumed, O sons of Jacob.7 Yet from the days of your fathers You have gone away from My ordinances And have not kept them. Return to Me, and I will return to you," Says the Lord of hosts. "But you said, 'In what way shall we return?'Do Not Rob God8 "Will a man rob God? Yet you have robbed Me! But you say, 'In what way have we robbed You?' In tithes and offerings.9 You are cursed with a curse, For you have robbed Me, Even this whole nation.10 Bring all the tithes into the storehouse, That there may be food in My house, And try Me now in this," Says the Lord of hosts, "If I will not open for you the windows of heaven And pour out for you such blessing That there will not be room enough to receive it.11 "And I will rebuke the devourer for your sakes, So that he will not destroy the fruit of your ground, Nor shall the vine fail to bear fruit for you in the field," Says the Lord of hosts;12 "And all nations will call you blessed, For you will be a delightful land," Says the Lord of hosts.The People Complain Harshly13 "Your words have been harsh against Me," Says the Lord, "Yet you say, 'What have we spoken against You?'14 You have said, 'It is useless to serve God; What profit is it that we have kept His ordinance, And that we have walked as mourners Before the Lord of hosts?15 So now we call the proud blessed, For those who do wickedness are raised up;They even tempt God and go free.'"A Book of Remembrance16 Then those who feared the Lord spoke to one another, And the Lord listened and heard them; So a book of remembrance was written before Him For those who fear the Lord And who meditate on His name.17 "They shall be Mine," says the Lord of hosts, "On the day that I make them My jewels. And I will spare them As a man spares his own son who serves him."18 Then you shall again discern Between the righteous and the wicked, Between one who serves God And one who does not serve Him.Malachi 4 The Great Day of God1 "For behold, the day is coming, Burning like an oven, And all the proud, yes, all who do wickedly will be stubble. And the day which is coming shall burn them up," Says the Lord of hosts, "That will leave them neither root nor branch.2 But to you who fear My name The Sun of Righteousness shall arise With healing in His wings; And you shall go out And grow fat like stall-fed calves.3 You shall trample the wicked, For they shall be ashes under the soles of your feet On the day that I do this," Says the Lord of hosts.4 "Remember the Law of Moses, My servant, Which I commanded him in Horeb for all Israel, With the statutes and judgments.5 Behold, I will send you Elijah the prophet Before the coming of the great and dreadful day of the Lord.6 And he will turn The hearts of the fathers to the children, And the hearts of the children to their fathers, Lest I come and strike the earth with a curse."

Gods judgement, spirit and Jesus added to sun and solar flares is taking down B of A and greed. Why did banks and B of A hire American Christian hating muslims to service American Christian loans?In 3 years I've tried 6 attempts to modify back to the 5.75% loan and I was denied once and I was ignored on the other attempts. I was not being greedy or forcefull, I just wanted my original LOCK-IN AGREEMENT! Because no loan is equal, neither is the statement true, Equal housing Opportunity and Equal housing lender. How can they be equal if they judge and condemn the poor and glorify the rich? I was told I could not afford the cheaper loan when I immediately called countrywide, but I had to sign because my family was going to be on the street if we waited and the bank new this. Our first time buying a house was hell, so shall fire come down from heaven by God's hand. Because of Countrywides and Bank of Americas afflicting deeds of and exploiting the wages towards Americans, the worth of my house and property has decreased $50,000. The same amount they are foreclosing on my loan for. I find my house in pre-foreclosure online at 2/3 the price they're trying to keep me obligated to under a predatory loan that changed on me without notification. I did not know this until I went to sign in 2008. I was locked-in at 5.75% and they changed it to 6.25%. It was supposed to be $0 down, 0 credit, $0 at closing as the builder claimed, but we ended up having to give our last $3,000 to our name. Now for some reason, probably to hide the way I have been treated ever since we purchased the loan and house, no-one seems to be able to find my lock-in agreement document that even my escrow and loan documents states is supposed to be there. So instead of giving me a copy of my lock-in agreement, B of A is foreclosing on me and trying to sell my note and loan to someone else trying to hide what they did and how they treated, a White, American Indian, German and Irish American Christian Child of God. I am telling the World, Universe and God Himself, to deal with Banks, greed, exploitation and their judging against man and his credit. So shall they all exploiters and extortioners of mans wages be given what they have done to God's Children, DOUBLE in the Name of My Lord, Jesus Christ, in the form of storms and solar flares with God, His Spirit, Power, His Son and Blood being added in the Air, Light, Solar substance and water too, with God's energy and power piercing through and eternally purifying All physical and spiritual substance. It IS DOne!Now instead of B of A adhering to our rights and answering our QWR and our request for the lock-in agreement they for some reason don't have, which shows proof of them upholding preditory lending practices and neglect towards their borrowers rights, they put my house into pre-foreclosure and it gets put up for sale at 2/3 for what my loan is. I still can't get my lock-in agreement. I tried to get it from Countrywide and they sold out to B of A. Now B of A is doing the same thing. So because B of A is doing the same as Countrywide did to me, so will B of A fail in the name of our Lord, Jesus Christ, Amen. All B of A had to do was give me the cheapest loan available at the time and give the same equally to everyone no matter what their credit score was. But they made sure of it that I DID NOT HAVE NOR GET AN EQUAL HOUSING OPPOTUNITY NOR LENDER. B of A has come against God and His Children, so shall He give banks, the same they render unto Us.

Attn; Joseph KancarTo whom it may concern, Bank of America is in default of our preditory loan documents and rights of retrieval of said documents requested.We have not requested another 7th program or loan modification due to Bank of America's practices against Christian American Indians. Someone lied and sent this request to you in error on our behalf without our knowing. We never wanted to do business with Bank of America and now we are being forced to. I will not bow down to your ways of enforcing your rights and ignoring ours. You brought your fire against us, now God's firey solar flares are upon Banks, greed and whoever exploits the wages of God's Children, in the name of My Lord Jesus Christ, in His Name, AMEN.We have mailed 6 QWR's with no response but 1 call of not qualifying and foreclosure threats of kicking us out of our home, as you and Bank of America tries to show that we are doing nothing to save our home. I see it listed on Zillow for $126,000 at a monthly payment of $685. Why can't I have a loan like that and have my loan reduced to that monthly amount? We have tried on 6 different attempts to modify our loan back to our original LOCK-IN AGREEMENT ever since the beginning of our loan and we were ignored on all accounts but once, with BofA stating we didn't qualify for the loan we LOCKED-IN at. On all attempts we requested our LOCK-IN AGREEMENT DOCUMENT and have been denied. We have asked for copies of all documents and attempts to modify our loan that we have sent and communications with Bank of America and Countrywide, and we have been denied our documents at every attempt.After completely reading loan and closing escrow docs, I find that the lender was supposed to notify us of any change to our loan within 72 hours, and this did not happen, as we ended up calling the lender at signing, with phone records as proof, asking them why we were signing a different loan, they said "You couldn't afford the cheaper loan and we thought we told you". I said, " No you did not, now my family has nowhere to live unless I sign a more expensive loan"? Bank said, "this is the loan you can afford". One Bank of America QWR I sent was sent back stating my Loan number wasn't on it. They stapled it shut after reading it and sent it back to sender saying "Please provide Accct. #, when it is right there on the QWR. Is Bank of America hiring people that know how to speak and read English? Every person that claimed responsibility for discussing our loan has disappeared on us and ignored us. I even called the firey wrath of God upon all banks computers and ATM's and our written documental rights have been ignored. I WANT OUR LOCK-IN AGREEMENT DOCUMENT AND ALL SIGNED DOCUMENTS AND COMMUNICATIONS PERTAINING TO OUR LOAN AND YOU DO NOT HAVE THE POWER, RIGHT OR AUTHORITY TO FORECLOSE ON OUR HOME MORTGAGE LOAN UNTIL WE RECEIVE THESE DOCUMENTS REQUESTED SO WE CAN PRESSENT OUR CASE BEFORE AN ATTORNEY AND JUDGE. OUR LAST QWR WAS SENT ON 07/13/2012 AND YOU MUST COMPLY WITHOUT RETALIATION OF FORECLOSURE.