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Cancelling a Refi Before Appraisal

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graceous

Member
What is the name of your state (only U.S. law)? California

Hello, two weeks ago I talked with my present mortgage company about refinancing and was offered, at the time, a good rate, with a cash-out option. I have to refinance because the payments on my home equity line are going to be too high in June. I am also sorry to say that the mortgage rate is somewhat higher than my present rates, but the refi is a fixed rate. I curently have an adjustable 1st. I am not underwater by any means. The mortgage has a 60-day lock.

Two weeks later, I am seeing mortgages advertised for .35 less with no closing costs, and I talked with a new lender today, talking with another one tomorrow with even a better rate. I also asked my current lender, where I have the application, if I could get a better deal. I will get a response tomorrow.

On the current app,so far, they have done title insurance, and I have an appraisal scheduled for Monday. The closing costs are around $2100-3000, but seem vague on the documentation and I do not think the mortgage rep was upfront about this in our initial phone conversation where he quoted lower rates.

I understand the right of recission as it applies after one signs the documents, but also understand this does not necessarily apply to someone refinancing with the same lender. But, I have been unable to find any clear cut info on my right to cancel this application now. Of course, I can walk away, but the bigger question is: do I owe they anything. The documents I have do not even seem to address this topic. The lender I spoke with today stated I would owe nothing if the appraisal was not done. But, not sure if that is correct, if I will owe anything. That is my question? Will I owe the current lender anything if I just tell me I changed my mind? I wished I had shopped around more, but since my first attempt was a denial, I felt lucky being offered anything and it seemed like a great deal two weeks ago.

Thanks, in advance, for any comments.
 


FlyingRon

Senior Member
The ROR applies to the LOAN in general (be it original purchase or refinance). You may be out any fees (an application fee you've already made, and the fee for the appraisal if that isn't stopped timely), but they can't make you take the loan.
 

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