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I switched lenders, and old MLO ran my credit after switching companies

I am building a home in a new subdivision, and found out that my lender had been ill prepared for many closings and delayed all of his closings by an average of 5 days. My completion date and estimated closing date are December 22, and for obvious reasons I do not want it delayed. I chose to switch lenders and my sales agent offered to do the dirty deed of notifying my lender and requesting the file be transferred.8 days into communication with my new lender, the ex-lender ran my credit without asking me, telling me, informing me of results, and completely against the verbal contract we had when I signed on with him. He stated he ran my credit it was good for 90 days, and when it was close to closing they would pull one more time to wrap everything up. I am yet to be out of my 90 days, and I am not within thirty days of closing. What can I do. This has to be illegal!!! He did the same to a friend of mine that also decided to switch at the same time as me and the 3 point drop was enough to make her ineligible at the new company from his pull. by candice72 from Imperial, Missouri. Nov 18th 2013 Reply


William J Acres (William_Acres)
#74 ranked lender in Arizona - 8,728 contributions

Unfortunately, when your involved in a transaction where you sign stacks of paperwork, anything said verbally will not be binding.. somewhere in the original disclosures you signed when you first applied is a document that allows the lender to pull your credit anytime they choose within a specified period of time, so I'm pretty sure they did nothing illegal.. Possibly unethical, but not illegal.. they should have told you they had to re pull credit prior to doing it, but regardless of what other loan officers here might say, Fannie Mae/ Freddie Mac guidelines are pretty clear about having a credit report dated within 90 days of closing, so it would have had to been re pulled.. Also, with today's extremely regulated lending environment, it's very common for files to run past, and most of the time, it has nothing to do with the lender, although it seems the lender takes most of the blame.. In your situation, I understand you wanting to move in prior to the holiday, however when it comes to new builds, they are almost never done on time.. permits, inspections, scheduling, etc.. seems to make them always run long.. ditching your lender because he MIGHT close 5 days late seems a bit hasty since he's already done most of the work, and he doesn't get paid unless the loan closes... and to top it off all off, you didn't have the integrity to call him yourself!! Hmmm... They should make ethics mandatory study in school nowadays.. Putting my feelings aside.. my guess is your loan officer probably ran your credit again so he could see the inquiry from your new lender, which would tell him who you're now using for your mortgage.. (Also unethical). Look through the paperwork you signed when you applied, and read the documents closely.. if there is nothing in there giving him permission to run your credit, you might have a claim.. .. 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

Nov 18th 2013
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Joe Metzler (JoeMetzler)
#17 ranked lender in Minnesota - 4,848 contributions

If you cancelled the application, there is zero reason for them to pull credit. Contact his superior. With that said, for 98% of the people, 98% of the time - someone pulling credit and "having their scores lowered" is more myth than reality. I wouldn't worry about that part at all... Anyone telling you otherwise is just working a scare factor - trying to get you to not look at other companies. While with most lenders your credit report is "good for 90-days", that absolutely DOES NOT mean that they won't pull it again - especially within the last couple of days before closing. There are many reasons to pull credit again - but the biggest one is LQI. In MN and WI, visit MetzlerMortgage.com for more information.

Nov 18th 2013
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Sara Deere (Mortgagequeen2)
#15 ranked lender in Missouri - 608 contributions

I am sorry to hear about your situation. We here at Open Mortgage only pull your credit once, have competitive programs that one can have a credit score even as low as 580, everything is in our name so a loan transaction gets done very quickly, and I would be with you every step from beginning to end. I am currently licensed in KS and MO to help with all residential mortgage needs including Jumbo loans. You can contact me at 816-268-5931 or visit my website at http://saradeere.openmtg.com to find out additional information.

Nov 18th 2013
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Bartolomeo Castelli (BartCastelli)
#32 ranked lender in Missouri - 1,056 contributions

CANDICEHIGHLAND72 - Unfortunately there are too many individuals still in our industry that do not have the ethics to practice their trade correctly. I am of the old school and located near you that more than likely assist you in your transaction. I am here in Creve Couer at Olive and Hwy 270, but can come to you and talk over your situation. Give me a call at 314-744-7806, or visit my website with my team here at Midwest Mortgage Capital www.CallTheMoneyMan.com

Nov 18th 2013
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Phil Dumouchel (PhilDu)
#32 ranked lender in South Carolina - 2,249 contributions

Unfortunately not much you can do (as others are saying). You could contact the former lender's supervisor and complain directly to them, other than that probably not much.

Nov 18th 2013
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Thank you all for your responses. My major reason for switching was because the lender gave me preapproval off of a verbal request of income and a credit check. He had yet to request any documents and I am 45 days from closing. I am not outside of the 90 days for the original pull and I am not within the previously discussed time period for a re pull. As for ethics my seller offered to notify as a means of good customer service . Why would I not except a seemless transfer.

Nov 18th 2013
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