Dlf — Mortgage Originator

Address:

6705 Christmasberry Court

Complaint originally submitted 9/13/2021 Dear Sirs, there are literally dozens of letters to document our claims. Please let us know what you want to see. All others (lenders, listing agents, sellers etc.) have been informed.

Brian & Cassandra Welch – Complaint
[protected]@gmail.com
202.380.7120

This complaint is against Jorgina Lynn Colyn
Current Legal Name: Jorgina Lynn Colyn Other Names: Jorgina Budd, Jorgina Colyn, Jorgina Denyer, Jorgina L Budd, Jorgina L Denyer, Jorgina L. Colyn, Jorgina Lynn Budd, Jorgina Lynn Denyer
NMLS ID:
453414
Location(s):
Owings, MD 20736
Represents:
PrimeLending, A PlainsCapital Company (13649)

Error #3—Neglecting to track and perform due diligence for third-party mortgage loan originators.
Although many institutions use a third-party mortgage loan originator (because doing so is often beneficial for smaller institutions), Mortgage originators neglected due diligence and failed to notify the borrowers of the fact that they use a third party for this purpose in their policy.

Licensee failed to notify us that they were using a third-party mortgage loan originator and neglected the due diligence that they used a Real Estate Brokerage company who owned the third party MLO. Licensee failed to present relationship disclosures between Century 21, First County Mortgage and Presidents bank. In fact, she was completely disingenuous when asked about the affiliations. She led us to believe that she and First County Mortgage were direct lenders. She made absolutely no mention of Century 21 brokerage and owners of First County Mortgage (FCM). She claimed that Presidential Bank were the underwriters for FCM as part of the same company in a different division.

The Licensee failed to notify us that she had left the FCM Company and no longer had access to our files. The Licensee failed to give us any notice of her departure or update us on who oversaw our files and the status of our loan. Licensee refused to answer numerous phone calls, emails and text and allowed our file to go without attention as she terminated our relationship behind the scenes without notice. Licensee led us to believe we were cleared to close within a few days when in fact our file had never been to underwriting for approval.

Licensee failed to timely and clearly disclose to the borrower material information, including the total broker compensation, expected to influence the borrower’s decision.

Licensee failed to notify individuals of adverse action taken on credit applications or did not notify individuals in a timely manner.

Licensee did not clearly display the unique identifier (NMLS Entity ID) of all MLO engaged in the mortgage business on all loan application forms, solicitations, and advertisements, including websites and social media.

Presenting credit terms for the consumer's consideration that were selected based on the consumer's financial characteristics or communicating with a consumer for the purpose of reaching a mutual understanding about prospective credit terms.

Had employees regularly require consumers to submit documents for verification before 1st Alliance issued Loan Estimates to the consumers, which is not permitted by the TRID rule.
represent to consumers seeking purchase-money mortgage loans that after six months of satisfactory payments the consumers could obtain a significantly better rate through a streamline refinance mortgage loan, even though the employees had no assurance that the consumer would qualify for a streamline refinance loan, even if the on-time payment conditions were met, or that the rate would be significantly better than the consumer’s purchase-money mortgage interest rate.

We assert that the alleged conduct violated various federal consumer protection laws, including the Truth in Lending Act (TILA) and Regulation Z; the SAFE Act and related state licensing laws; the Consumer Financial Protection Act (CFPA), about its prohibitions against unfair and deceptive acts or practices; the Mortgage Acts and Practices (MAP) Rule (also known as Regulation N); the ECOA; and the FCRA.

We believe Mortgage originator was receiving kickbacks from builder (Marrick Homes) and from Lender Owner Century 21 that are subject to a prohibition on steering incentives. In the amended TILA, a mortgage originator cannot be paid compensation that varies based on the terms of the loan, other than the amount of the principal. (Sec. 1403) Moreover, no person other than the consumer may pay the mortgage originator an origination fee or charge unless it is a bona fide third-party charge not retained by the creditor, mortgage originator, or an affiliate of the creditor or mortgage originator.

We charge that Todd Hetherington 1st CEO at Century 21 New Millennium failed to disclose that he was a third-party lender that held lucrative interest in First County Mortgage and that it was in fact a brokerage firm and not a true lender and this loan originator was employed by him. Further First County Mortgage was a subsidiary to Presidents Bank (PB) who worked as another third party to do the loan underwriting. Jorgina failed to provide disclosure for these firms and lied to us about their involvement. Rather she led us to believe that First County Mortgage was a lender and underwriter for our loan. We fully realized President’s Bank ‘s relationship after Jorgina had disappeared from the company and went back to Prime Lending. The employment of a mortgage loan originator licensed under this subtitle by a mortgage lender does not relieve the mortgage lender of a responsibility under this subtitle or under Subtitle 5 of this title, a rule or regulation adopted under this subtitle or under Subtitle 5 of this title, or a law governing mortgage lending in the State.

Jorgina committed fraud by allowing us to believe she was still with First County Mortgage (FCM) and our loan had been cleared to close. She told us, the buyers and the listing agent and sellers, the final thing we needed was the appraisal to come back at value. When in fact she had abandoned our loan and left to go to another company and had no access to our files at all. Further, FCM WERE NOT THE UNDERWRITERS NEITHER THE LENDERS. We found out our file had not been presented to underwriting. And that underwriting was done by another third-party company PB that had not been disclosed.

Jorgina failed at her Duty of Care. And Good Faith and Fair Dealing. A mortgage loan originator has a duty of good faith and fair dealing in communications and transactions with a borrower. She repeatedly lied to us on the status of our loan, mislead us on where we were in the process, ran 22 credit reports without our knowledge for most, wrote pre approval letters for amounts that were not conducive to our characteristics and affordability, provided false information to sellers via their listing agent, and abandon our loan without notice to us or our realtor.

Jorgina left FC and took our loan with her to Prime Lending without our knowledge or consent. She knew she no longer had access to FC files, so she ignored us when we contacted her for information. When she did speak to us about our application, she was working for Prime Lending which is not where our loan originated. A mortgage loan originator may not conduct mortgage lending business at any location different from the address that appears on the license or licenses of the mortgage loan originator’s employment.

Jorgina our loan originator made or cause to be made lots of representation, that:1) Contains false, misleading, or deceptive statements regarding the making, brokering, or servicing of mortgage loans; and 2) Jorgina Misrepresented terms, availability, rates, and charges incident to a mortgage loan. Further she concealed her Name and Address of the firm she had moved to Prime lending while still holding our loan with FC.

Jorgina attempted to manipulate our credit scores by telling us if we paid off or paid down different amounts of debt it would instantly increase. It did not. She manipulated letters for pre approval that were not based on our actual credit but misled us to believe that they were. She destroyed Brian’s credit by causing it to decrease from a conventional standard to below 660 because she ran it so many times and actually shopped the mortgage loan without his permission. She was disingenuous about our options for purchase based on our current financial status.

Your Immediate attention to this matter would be greatly appreciated. This transaction closed on May 24, 2021.

Brian C. Welch - Loan, Buyer

AND WIFE - Realtor and joint Owner