What options do I have if my mortgage lender discovered an error one of their employees did in calculating closing costs 3 weeks after the closing?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What options do I have if my mortgage lender discovered an error one of their employees did in calculating closing costs 3 weeks after the closing?

Asked on March 29, 2012 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) If the error is to your advantage (e.g. you paid more than you should have), the lender would have to refund the extra costs--however, if the error was against you (e.g. you paid less than you should have), the lender could seek recovery of the extra money from you.

2) If you want to rescind the mortgage (i.e undo it), an error in properly and accurately disclosing closing costs can sometimes provide a basis for rescission under TILA (Truth in Lending Act). This a drastic step, since you would have to return the mortgage proceeds (the principal loaned you) under case law, and also can be complicated, since it implicates one of the more complex statutes.

Unless the amount is so trivial that the best thing to do is either pay it (if you owe it) or ignore it (if it's owed to you, but the lender is not paying for some reason), you should consult with an attorney to evaluate your options and, if appropriate, take action.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption