Proving poor performance is challenging. There may be other extenuating circumstances that caused the delay and not the mortgage broker. Typically, the lender's underwriting and processing procedures move at a specific pace. If you lost a lock due to any delays, you can ask for an extension.
Brock Realty Inc.
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I recommend that your Realtor, the buyer's Mortgage broker, and the Title/Closing agent all work with you and your Buyer to resolve your question.
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If that doesn't work, definitely seek legal advice and, perhaps, call your State Department of Banking to see if they have any suggestions.
I'm guessing however that this is what happened: You mentioned the fact that you would be charged a per diem penalty if you didn't close on time to your mortgage rep, per your contract. He/she probably re-assured you by saying "Don't worry - it's gonna close.........if it doesn't, I'll pay the fees". Unfortunately, I have heard this kind of talk time and time again from fast talking mortgage brokers. It's sometimes their way of keeping people pacified so they don't "jump ship" before they can push the loan through underwriting.
I would speak to an attorney and explain the situation. Like anything, if you didn't get this agreement in writing - it's just two people "talking" to each other...