Wednesday, December 21, 2011
Is lender obligated to refund home appraisal fee if I decide to cancel the refinance?
I tried to refinance my mortgage but on the day of the closing, nothing was as promised. The bank added 1/2 point to the loan when it was supposed to be a no-point refinance, the home appraisal was missing, even though the bank said they'd have it there. We waited 2 hours at the attorney's to get revised paperwork from the bank only to end up with a "credit" for the 1/2 point, with the 1/2 point still showing everywhere on the paperwork. The attorney, who represents both me and the bank, said that if I changed my mind and decided not to go through with the refinance, the bank was obligated to refund me the home appraisal fee. The bank, however, says they're not going to. I'm in the state of New York. Can someone who knows this for sure tell me who's right, and point me to a law that would confirm the answer, whichever way the answer points to?
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