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Can the original lender come back almost a year later and ask for proof of relationship from our gifts letters

by gnzlsfmly14742 from , California. Feb 26th 2016 Reply

William J Acres (William_Acres)
#73 ranked lender in Arizona - 8,726 contributions

Yes.. One of the disclosures you signed when you obtained your loan was called the Compliance Agreement: This Document that you signed is stating that you will help the lender after closing to correct errors and omissions in the original documents at the lenders request. This is meant to only apply to clerical errors so that the loan will meet requirements from Fannie Mae or FHA, etc. Although the lender cannot call your note due, they can sue you for any losses they suffer as a result of your refusal to comply to your contractual obligation. 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. William J. Acres, Lender411's number ONE lender in Arizona. 480-287-5714 NMLS# 226347

Feb 29th 2016
Joe Metzler (JoeMetzler)
#1 ranked lender in Minnesota - 4,006 contributions

Yes and no. You agreed at closing to assist the lender in correcting documents for clerical errors, but realistically, they shouldn't be asking for documents almost a year later. With that said, they can not just cancel the loan, or call the loan due except in the possible case of fraud. They can also potentially make life a bit of hell by filing lawsuits. We see these sort of questions all the time. Not sure why people are so hesitant, but just go ahead and assist them in what they ask. It will be a heck of a lot easier in the long run.

Feb 29th 2016
Mike Silkworth (msilkw_195_870)
#31 ranked lender in Michigan - 527 contributions

It sounds like your loan file was audited and the lender needs this information. If you have the information, the easiest thing to do, would be to provide it and be done with it. If not, pull out your loan package and see if there is a time period in which you are obligated to provide this information. Is there potential that you mis-represented your relationship with the person providing you the gift? If so, an attorney would be better equiped to help you decide how to procede. Best of luck to you. =Mike

Mar 1st 2016
Jesse Stroup (jessestroup)
#4 ranked lender in Idaho - 593 contributions

Yes, the mortgage lender has control of the loan.

Mar 8th 2016
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