Lexington Mortgage Corp

Dear Revdex.com, In response, Lexington was not aware if Mr [redacted] is exempt for VA Funding Fee charge at the time of application Had Mr [redacted] and Lexington know that he is not exempt for VA Funding fee and do not want to pay for VA Funding fee everyone could have avoided three weeks of service time The real issue here is was Mr [redacted] being truthful and upfront in disclosing all material facts in relation to his loan application and his claim here Our evidence and assessment pointing to Mr [redacted] did infact withheld information as we have outlined in below Mr [redacted] did signed an Appraisal Acknowledgement Disclosure enclosed herein dated on 11/18/Lexington never took in one penny or received one penny from Mr*** We could not be able to "REFUND" Mr [redacted] of any money that we never took Additionally, condition of refund request and the terms that specific as enclosed This agreement is a valid agreement and is designed to avoid any “MIS-UNDERSTANDING” or “CONFUSION” in the situation just like this An appraisal was done and was performed for Mr [redacted] by a licensed VA Appraiser: not Lexington This was an arm length transaction Enclosed is a copy of appraisal that was previously forwarded to Mr [redacted] as our supporting document Thus, appraiser did perform, delivered and did his job For your information VA Funding fee is charged by Department of VA Such funding fee goes directly to Department of VA Not Lexington All Government Fee, Taxes, and Insurance are borrower’s responsibility This applies to all banks and mortgage lenders Lexington will not pay Mr [redacted] to do his loan as he has suggested nor will ever taking on responsibility of paying “Government Fee, Taxes, and Insurance” to be more clear Lexington have learned that Mr [redacted] withheld information that he had a VA loan before which also goes to that Mr [redacted] failed to mention that he had a foreclosure less than years ago at the time of application as well Assuming Mr [redacted] could not have remembered if he qualifies for VA Funding fee exemption from Department of VA and Mr [redacted] just did not remember his foreclosure from two years ago Then “WE” all could agree that at the time of application no one could be able to know that information as to “his exemption status” (paying funding fee or not paying funding fee)? If not Please allow us to bring your attention to the following “At the time of application”, Mr [redacted] did provide Lexington underwriting department with his “military service record” (form DDissued by Dept of VA) As an approved VA lender, we have submitted his service record (DD214) and asked for Dept of VA to provide his eligibility record and authorization to waive off In final, Dept of VA issued their findings that Mr [redacted] is not exempt and have to pay for funding fee Thus Lexington does have to collect on behalf of Dept of VA Could we have known this ahead of time? The answer here is clear As a good customer service gesture, once Mr [redacted] learned that VA Funding fee is not exempt, this “GOVERNMENT” fee has to be paid by him from his “NEW” loan per instruction from VA Mr [redacted] did expressed that Lexington should have known this Lexington should pay for this Although we knew these statements made by Mr [redacted] are unreasonable Lexington did in fact offer a credit reimbursement of appraisal cost should this new loan is accepted Which does not mean our good gesture should be construed as weakness thereby omission of any wrong doing On 12/12/Friday, Mr [redacted] wanted proceed without a cashout (instead of original 50K cashout) and clarified that we can include this VA funding fee into his new loan amount He asked to sign new loan document By following Monday, Mr [redacted] changed his mind Without any further delay, we are declining this request based from the fact listed in the above and enclosed

In response to: "Regardless of whether my VA status is exempt or non-exempt, an approved VA lender should be held responsible for understanding, investigating & fully disclosing all "potential" fees especially the significant charge associated with a VA funding fee."
Company Response: When refinancing a loan Lexington does not take “regardless” position as stated in the above. It is important to known wheather you are or you are not exempt on a more “SPECIFIC” rather than regardless as general term
Because of this importance Lexington did in fact verify that Mr*** is not exempt directly with Department of VA after military service form (DD214) was received, investigated and verified. Which du diligent was done as required by VA prior to updating Mr***’s credit profile in reflecting such charge from Department of VA. Mr*** assumed that he is exempt which he is not. In his previous statement in the above “REGARDLESS” shall not be used freely when we are speaking a VA Funding fee of $8,910+. Our works are detailed oriented and will never miss an $8,charge by Dept of VA which is required by VA rather than taking Mr***’s word for it
He had a previous VA loan which he has paid a VA funding fee, this was not told to us. Lexington management did in fact explain to Mr*** that he is not exempt from VA Funding fee thereafter our findings from VA. His credit profile has been adjusted to reflect such funding fee as required by Department of VA. None of this could be done sooner as Lexington do not dictates the turn time over Department of VA
Department of VA requested to charge Mr*** for funding fee and listed Mr*** in non-exempt status as previously provided contrary to what Mr*** said. While we understand Mr***’s situation we have limited option as Lexington cannot override the rule from Department of VA. As much as Lexington values our client relationship by taking verbal information unfortunately our underwriting department still has to verify. In this particular case Mr*** does not like the findings and response from Department of VA
Lexington prides its distinctive mortgage services on cost and service advantage to all military personnel. From Navy, Army, Marine, Air Force to Coast Guards. From Pentagon Officers, Generals to retired veterans our standard of due care process remains as equal treatment and provide nothing less than excellence in servicesOur consecutive industry A++ ratings and achievement of excellence for over years+ also extended to Mr***
CS Dept
Disclosure: Although we understand the emotional responses from Mr*** expressed earlier requesting Lexington to pay for his VA Funding fees ($8,910+) & appraisal cost for him to get a loan. However, as for the slanderous and defamatory remarks from earlier responses in achieving his objectives against our good name, our legal department counsels are fully aware of his communications. At this time, we are asking Mr*** to "CAUTION" as he is personally liable and responsible for such negative remarks. Should these slanderous remarks continue Lexington will rigorously defend our position against untrue and hostile act. We hope you will take a moment to gather your thoughts on a fair and factual basis
Also be advised that nothing contained in this email is intended as, or may be deemed to constitute, a waiver of any of Lexington's rights or remedies, all of which are hereby expressly reserved
Legal Dept

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint.
I would like to speak with a Revdex.com representative regarding this matterPlease provide me with the name & contact information of someone who can assist me or simply call me direct @ ###-###-####I understand that Revdex.com cannot mediate a financial settlement for me but I would still like to establish a formal complaint that will be on record against Lexington Mortgage CompanyI feel strongly that the public should be aware of the unethical business practices that Lexington Mortgage Company are exercising.Regards,
*** ***

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
In response to the business's statement, regardless of whether my VA status is exempt or non-exempt, an approved VA lender should be held responsible for understanding, investigating & fully disclosing all "potential" fees especially the significant charge associated with a VA funding fee. When a trusted lender emphasizes both verbally & in formal loan proposals that there will be "no cost" to me. That is exactly the information that I base my decision to move forward with the loan process on, especially when I am assuming the home appraisal cost of $500.Regarding the foreclosure that the business is referencing, this was thoroughly discussed in my initial conversation with the loan representative acknowledging it as being related to the bankruptcy filing. Additionally, it was formally acknowledged on the "Borrowers Acknowledgment of Disclosures" document & on my credit reports both submitted/obtained prior to the home appraisal being completed.Additionally, again prior to the  home appraisal being completed, I was requested by the loan representative on behalf of the Lexington underwriting dept. to provide the address of a property that I had purchased in 1998 that they recognized as being associated with a previous VA loan per the VA "Certificate of Eligibility" process. Seems to me that this should have flagged my eligibility status & Lexington should have advised me of the associated VA funding fees associated with their loan proposals at that time (If not sooner).Based on the business's response, obviously they still choose to accept no responsibility for understanding, disclosing & advising their clients in a timely manner of all fees associated with the VA loans that they propose. To me, this a misleading & unethical manner of conducting business. I hope that the Revdex.com will agree with me & hold Lexington Mortgage Corp. & their representatives accountable for their misleading & intentionally malicious tactics preventing them from continuing to prey on other honorably discharged Veterans who deserve more respect than what Lexington conveys to them.
Regards,
[redacted]

Dear Revdex.com,
In response, Lexington was not aware if Mr. [redacted] is exempt for VA Funding Fee charge at the time of application.  Had Mr. [redacted] and Lexington know that he is not exempt for VA Funding fee and do not want to pay for VA Funding fee everyone could have avoided three weeks of...

service time.  The real issue here is  was Mr. [redacted] being truthful and upfront in disclosing all material facts in relation to his loan application and his claim here.  Our evidence and assessment pointing to Mr. [redacted] did infact withheld information as we have outlined in below.
1. Mr. [redacted] did signed an Appraisal Acknowledgement Disclosure enclosed herein dated on 11/18/2014 Lexington never took in one penny or received one penny from Mr. [redacted].  We could not be able to "REFUND" Mr. [redacted] of any money that we never took.  Additionally, condition of refund request and the terms that specific as enclosed.  This agreement is a valid agreement and is designed to avoid any “MIS-UNDERSTANDING” or “CONFUSION” in the situation just like this.
2. An appraisal was done and was performed for Mr. [redacted] by a licensed VA Appraiser: not Lexington.  This was an arm length transaction.  Enclosed is a copy of appraisal that was previously forwarded to Mr. [redacted] as our supporting document.  Thus, appraiser did perform, delivered and did his job.
3. For your information VA Funding fee is charged by Department of VA.  Such funding fee goes directly to Department of VA.  Not Lexington.  All Government Fee, Taxes, and Insurance are borrower’s responsibility.  This applies to all banks and mortgage lenders.  Lexington will not pay Mr. [redacted] to do his loan as he has suggested nor will ever taking on responsibility of paying “Government Fee, Taxes, and Insurance” to be more clear.
4. Lexington have learned that Mr. [redacted] withheld information that he had a VA loan before which also goes to that Mr. [redacted] failed to mention that he had a foreclosure less than 2 years ago at the time of application as well.  Assuming Mr. [redacted] could not have remembered if he qualifies for VA Funding fee exemption from Department of VA and Mr. [redacted] just did not remember his foreclosure from two years ago.  Then “WE” all could agree that at the time of application no one could be able to know that information as to “his exemption status” (paying funding fee or not paying funding fee)?  If not.  Please allow us to bring your attention to the following. 
“At the time of application”, Mr. [redacted] did provide Lexington underwriting department with his “military service record” (form DD214 issued by Dept of VA).  As an approved VA lender, we have submitted his service record (DD214) and asked for Dept of VA to provide his eligibility record and authorization to waive off.  In final, Dept of VA issued their findings that Mr. [redacted] is not exempt and have to pay for funding fee.  Thus Lexington does have to collect on behalf of Dept of VA.  Could we have known this ahead of time?  The answer here is clear.
As a good customer service gesture, once Mr. [redacted] learned that VA Funding fee is not exempt, this “GOVERNMENT” fee has to be paid by him from his “NEW” loan per instruction from VA.  Mr. [redacted] did expressed that Lexington should have known this.  Lexington should pay for this.  Although we knew these statements made by Mr. [redacted] are unreasonable.  Lexington did in fact offer a credit reimbursement of appraisal cost should this new loan is accepted.  Which does not mean our good gesture should be construed as weakness thereby omission of any wrong doing.  On 12/12/2014 Friday, Mr. [redacted] wanted proceed without a cashout (instead of original 50K cashout) and clarified that we can include this VA funding fee into his new loan amount.  He asked to sign new loan document.  By following Monday, Mr. [redacted] changed his mind.
Without any further delay, we are declining this request based from the fact listed in the above and enclosed.